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0^;    City    Charter 

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'»^  CITY    OF    OAKLAND,    CAL. 


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GENERAL     MUNICIPAL    ORDINANCES 

OF    SAID    CITY 

IN  EFFECT  OCTOBER  i,   1898 

ANNOTATED    AND   INDKXED    UNDER  THE  SUfKKVlSION  OK 

W.  A.  UOW 
CITY   ATTORNEY 


COMPUTED 

HY  AUTHORITY  OF  THE  CITY  COUNCIL 


OAKLAND: 

ENTQUIRKR    PUBLISHING  COMPANY 

416-420  TENTH  STREET 

l8vS 


Digitized  by  tine  Internet  Arciiive 

in  2007  witii  funding  from 

IVIicrosoft  Corporation 


littp://www.arcliive.org/details/citycliarterofcitOOoakliala 


CHARTER 


OK  TlIK 


CITY     OF     OAKLAND 


Proposed  March  8,  1888,  bythk  Board  of  Freehoi^ders,  EIvEcted 
December  10,  1887;  Adopted  November  6,  1888,  and  Ap- 
proved BY  THE  Legislature  February  14,  1889;  ALt, 
IN  Pursuance  of  the  Provisions  of  Section 
8,  Article  XI,  of  the  Constitution 
ok  the  State  of  Calikornia 


annotated  and  indexed  under  the  supervision  of 
W.   A.    DOW 

City  Attornby 


Board    of    Freeholders 


CHAIRMAN 

JOHN  A.  STANLY 


Wm.  C.  Bartlett 
Jno.  L.  Bromley 
J.  T.  Carothers 
Wallace  Everson 
j.  a.  folger 
Jno.  R.  Glascock 
V.  D.  Moody 


Warren  Olnev 
C.  D.  Pierce 
H.  A.  Powell 
E.J.  Pringle 
Patrick  Scully 
N.  W.  Spaulding 
John  H.  Troy 


secretary 
FRED  L.  BUTTON 


Committees  of  the  Board  of  Freeholders. 


r.     Boundary,  Division  into  Wards  and  Elections — 

Messrs.  Spaui.ding,  Gi^ascock  and  Pringle. 

2.  Legislative  Department — 

Messrs.  Bartlett,  Carothers  and  Spaulding. 

3.  Executive  Department,  etc. — 

Messrs.  Moody,  Pierce  .\nd  Olney. 

4.  Department  of  Public  Works,  etc. — 

^Messrs.  Pringle,  Bromi.,ey  and  Folger. 

5.  Public  Schools  and  Libraries — 

Messrs.  Powew.,,  Bartlrtt  and  Pierce. 

6.  Judicial  Department,  etc. — 

Messrs.  Olnev,  Glascock  and  Troy. 

7.  Police,  Fire  and  Health  Department — 

Messrs.  Glascock,  Bromley  and  Everson. 

8.  Finance,  Revenue  and  Taxation — 

Messrs.  Carothers,  Folger  and  Bartlett. 

9.  General  and  Miscellaneous  Provisions  and  Schedule — 

Messrs.  Evkrson,  Powell  and  Scully. 

10.     Revision — 

Messrs. Olney,  Powell,  Pringle  andGlascocU. 


CONTENTS, 


Charter. 

I'age. 

Article  I— Boundaries,  Rights  and  Liabilities 7 

Chapter      I— Rights  and  Liabilities 7 

Chapter      II— Boundaries  of  the  City 8 

Chapter  III — Division  into  Wards 1 1 

Article     II— Elections ,. 

Article  III — Legislative  Department 15 

Article  IV— Executive  Department 25 

Article     V— Judicial  Department ,0 

Article  VI— Department  of  Public  Works ^6 

Chapter      I— General  Provisions 36 

Chapter    II— Opening  of  Public  Streets 44 

Chapter  III— Improvement  of  Streets   53 

Chapter  IV— Sewers  and  Drainage 55 

Article    VII— Educational  Department 56 

Article  VIII— Revenue  and  Taxation 68 

Article      IX— Police  and  Fire  Department 72 

Article       X— Health  Department 76 

Article     XI— Miscellaneous  Provisions  80 

Index  to  Charter   300 


CHARTER 


—  OF  — 


The  City  of  Oakland 


ARTICLE  I. 
Boundaries,   Rights  and    Liabilities. 


CHAPTER  I— RIGHTS  AND  LIABILITIES. 

Section  i.  The  municipal  corporation,  now  existing,  known  as  the 
City  of  Oakland,  shall  remain  and  continue  a  body  politic  and  corpor- 
ate, in  name  and  in  fact,  by  the  name  of  the  City  of  Oakland,  and  by 
that  name  shall  have  perpetual  succession,  may  sue  and  defend  in  all 
courts  and  places,  and  in  all  matters  and  proceedings  whatever,  and 
may  have  and  use  a  common  seal,  and  the  same  alter  at  pleasure,  ana 
may  purchase,  receive,  hold  and  enjoy  real  and  personal  property, 
within  and  without  the  City  of  Oakland,  and  sell,  convey,  mortgage 
and  dispose  of  the  same  for  the  common  benefit,  and  may  determine 
and  declare  what  are  public  uses,  and  when  the  necessity  exists  of  con- 
demning lands  therefor,  and  what  are  the  lands  it  is  necessary  to  con- 
demn, and  may  receive  bequests,  gifts  and  donations  of  all  kinds  of 
property,  within  and  without  the  city,  in  fee  simple,  or  in  trust  for 
charitable  or  other  purposes,  and  do  all  acts  necessary  to  carry  out 
the  purposes  of  such  bequests,  gifts  and  donations,  with  power  to 
manage,  sell,  lease  or  otherwise  dispose  of  the  same  in  accordance 
with  the  terms  of  the  gift,  bequest  or  trust. 


8  CHARTER  OF  THE 

[Note.— This  Section  is  to  be  considered  not  as  a  grant  of  un- 
limited power  to  do  the  acts  therein  enumerated,  but  merely  as  declar- 
atory of  the  corporate  capacity  and  power  of  the  body  politic  to  be 
exercised  in  the  modes  and  under  the  limitations  subsequently  pro- 
vided in  this  Charter.     Von  Schmidt  vs.  Widber,  105  Cal.,  151.] 

Sec.  2.  The  public  buildings,  lands  and  property,  all  rights  ol 
property,  and  rights  of  action,  all  moneys,  revenues  and  incomes  be- 
longing or  appertaining  to  the  City  of  Oakland,  are  hereby  declared  to 
be  vested  in  the  said  City  of  Oakland. 

Sec.  3.  The  said  City  of  Oakland  shall  continue  to  have,  hold  and 
enjoy  all  public  buildings  belonging  to  the  City  of  Oakland,  lands, 
wharves,  waters,  property,  real  and  personal,  rights  of  property,  rights 
of  action,  suits,  actions,  moneys,  revenue,  income,  books,  documents, 
records,  archives,  claims,  demands  and  things  in  possession  and  action, 
of  every  nature  and  description,  and  shall  be  subject  to  all  the  obliga- 
tions, debts,  liabilities,  dues  and  duties  of  the  existing  municipality. 

Sec.  4.  Suits,  actions  and  proceedings  may  be  brought  in  the  name 
of  the  City  of  Oakland  for  the  recovery  of  any  property,  money  or 
thing  belonging  thereto,  in  law  or  equity,  or  dedicated  to  public  use 
therein,  or  for  the  enforcement  of  any  rights  of,  or  contracts  with,  said 
City  of  Oakland,  whether  made,  or  arising  or  accruing  before  or  after 
the  adoption  of  this  charter;  and  all  existing  suits,  actions  and  pro- 
ceedings in  the  courts  or  elsewhere,  to  which  said  city  is  a  party,  shall 
continue  to  be  carried  on  by  or  against  the  said  City  of  Oakland. 

CHAPTER  II.— BOUNDARIES. 

[Note— The  boundaries  of  the  City,  as  originally  set  forth  in  the 
Charter,  are  here  omitted,  the  said  boundaries  having  been  changed 
by  annexation  of  territory  on  July  22nd,  1891,  and  again  by  annexa- 
tion on  June  24th,  1897,  both  pursuant  to  Statutes  1889,  p.  358. 

The  boundaries  of  the  City  as  they  existed  prior  to  the  said  annex- 
ation of  1897,  are  here  set  forth,  followed  by  a  note  containing  the 
boundaries  of  the  said  territory  annexed  in  1897. 

The  Superior  Court  of  Alameda  County  in  a  decision  rendered 
March  28th.  i8fj8,  by  Hall,  J.  in  People  ex  rel.  Cuff  vs.  City  of  Oak- 
land, held  the  s-aid  annexation  of  1897  to  be  valid.  An  appeal  there- 
from to  the  Supreme  Court  is  now  pending.] 

Sec.  5.  The  boundaries  of  the  City  of  Oakland  are  as  follows, 
to-wit:  Beginning  at  the  intersection  of  the  center  line  of  Telegraph 
avenue  with  the  line  between  plots  No.  10  and  J^o.  ii,  as  the  same 
are  shown  and  delineated  on  Kellersberger's  map  of  the  Rancho  of  V. 
and  D.  Peralta.- 

Thence  south  73^  deg.  east  along  the  eastern  projection  of  said 
line  between  plots  10  and  11  (15,934  feet,  more  or  less,  to  its  intersec- 


CITY  OF  OAKLAND,  CAL.  9 

tion  with  the  center  of  Sausal  Creek;  thence  down  the  center  of  said 
creek,  following  the  meanderings  thereof,  to  the  intersection  with  the 
northerly  line  of  the  Cameron  Tract;)  thence  continuing  down  the 
middle  of  Sausal  Creek,  as  follows:  South  10  deg.  41  min.  east,  120 
feet;  thence  south  63  deg.  49  min.  west,  86  feet;  thence  north  50  deg. 
26  min.  west,  107  feet;  thence  south  9  deg.  38  min.  west,  197  feet;  thence 
south  35  deg.  57  min.  east  79  feet;  thence  south  50  deg.  55  min.  west, 
70  feet;  thence  south  5  deg.  30  min.  west,  300  feet;  thence  south  20  deg. 
28  min.  west,  200.  feet. 

Thence  south  45  deg.  12  min.  east,  125  feet;  thence  south  34  deg. 
46  min.  west,  280  feet;  thence  south  39  deg.  4  min.  west,  194  feet; 
thence  south  50  deg.  53  min.  west,  160  feet;  thence  south  68  deg.  19 
min.  west,  70  feet;  thence  south  20  deg.  21  min.  east,  135  feet;  thence, 
leaving  Sausal  Creek,  north  76  deg.  41  min.  west,  along  the  northerly 
line  of  '.And  of  Stevens,  2140  feet  to  the  easterly  line  of  Lynn;  thence 
south  13  deg.  8  min.  west  along  the  easterly  line  of  Lynn,  503^2  feet 
to  the  southeasterly  corner  of  Lynn. 

Thence  north  Tj  deg.  15  min.  west,  27I/2  feet;  thence  south  12  deg. 
53  min.  west,  1708  feet;  thence  south  55  deg.  47  min.  east,  49,4  feet; 
thence  south  36  deg.  45  min  west,  1460  and  6-10  feet  to  the  northern 
corner  of  the  Fifty  Associates'  Tract. 

Thence  south  53  deg.  15  mm.  east  along  the  northeasterly  line  of 
the  Fifty  Associates'  Tract,  1491  and  6-10  feet  to  the  easterly  corner 
of  said  tract;  thence  south  36  deg.  40  min.  west,  1412  feet  to  the  south- 
erly line  of  the  "Old  County  Road"  to  San  Leandro. 

Thence  north  85  deg.  50  min.  west,  along  the  southerly  line  ot 
said  county  road,  934 J^  feet  to  the  northerly  line  of  the  Cannon  Tract; 
thence  south  53  deg.  14  min.  east,  639  feet  to  the  easterly  corner  ot 
land  formerly  owned  by  Sevin  Vincent. 

Thence  south  36  deg.  38  min.  west,  882  and  85-100  feet  to  the  south- 
westerly line  of  East  Fourteenth  street;  thence  north  53 J4  deg.  west, 
187  feet  along  said  line  of  East  Fourteenth  street  to  the  southeasterly 
line  of  the  Kennedy  Tract;  thence  south  36  deg.  45  min.  west,  766  feet 
to  the  southwesterly  line  of  the  right  of  way  of  the  Southern  Pacihc 
Railroad. 

Thence  south  49  deg.  22  min.  east  along  said  line  of  right  of  way 
1447  and  32-100  feet,  to  the  easterly  corner  of  the  Knowles  and  Potter 
Tract,  formerly  known  as  the  Kennedy  Tract;  thence  south  36  deg.  45 
min.  west,  867  and  44-100  feet  to  the  southerly  corner  of  the  said 
Knowles  and  Potter  Tract;  thence  south  30  deg.  25  min.  west,  2075 
feet  to  the  center  of  the  bridge  on  Park  avenue,  at  the  intersection  ot 
said  avenue  with  the  Encinal  line  of  the  Town  of  Alameda. 

Thence  westerly,  following  the  center  of  the  slough  and  the  center 
of  the  estuary  of  San  Antonio  to  ship  channel  in  the  bay  of  San  Fran- 
cisco. 


lo  CHARTER  OF  THE 

Thence  northerly  and  westerly  along  ship  channel  to  its  intersec- 
tion with  the  westerly  projection  of  the  line  between  plots  numbers  lo 
and  II,  as  the  same  are  shown  and  delineated  on  Kellersberger's  map 
of  Vicente  and  Domingo  Peralta's  Rancho,  in  Alameda  County,  State 
of  California. 

Thence  running  along  said  westerly  projection  and  said  line 
between  said  plots,  south  j},  deg.  45  min.  east,  to  the  point  of  begin- 
ning. 

[Note — Following  is  a  description  of  the  territory  annexed  to  the 
city  June  24th,  1897: 

Beginning  at  a  point  on  the  northern  boundary  line  of  the  City 
of  Oakland  150  feet  distant  easterly  from  the  easterly  line  of  San  Pablo 
avenue,  and  measured  at  a  right  angle  thereto,  said  beginning  point 
being  also  the  southeast  corner  of  the  Town  of  Emeryville,  and  run- 
ning thence  in  a  northerly  direction  along  the  easterly  boundary  line 
of  the  Town  of  Emeryville  to  the  center  line  of  Temescal  creek,  thence 
in  a  westerly  direction  following  the  center  line  of  the  bed  of  Tem- 
escal creek— being  also  the  boundary  line  of  the  Town  of  Emeryville 
in  said  creek— to  a  point  730  feet  distant  westerly  from  the  westerly 
line  of  San  Pablo  avenue  measured  at  a  right  angle  thereto,  thence 
along  the  easterly  line  of  the  said  Town  of  Emeryville  in  a  northerly 
direction,  running  parallel  with  and  730  feet  distant  westerly  from  said 
line  of  San  Pablo  avenue  to  the  southern  boundary  line  of  the  Town  of 
Berkeley,  thence  easterly  following  the  boundary  line  of  the  Town  of 
Berkeley  to  a  point  on  said  boundary  line  of  the  Town  of  Berkeley 
125  feet  distant  westerly  from  the  westerly  line  of  College  avenue— 
also  known  as  College  way — and  measured  at  a  right  angle  to  said 
line  of  College  avenue,  thence  in  a  southerly  direction  on  a  line  paral- 
lel with  and  125  feet  distant  westerly  from  said  line  of  College  avenue 
a  distance  of  1600  feet,  thence  at  a  right  angle  to  said  line  of  College 
avenue  in  an  easterly  direction  to  and  across  said  College  avenue  to 
a  point  275  feet  distant  easterly  from  the  easterly  line  of  said  College 
avenue  and  measured  at  a  right  angle  thereto,  thence  in  a  southerly 
direction  along  a  line  parallel  with  and  275  feet  distant  easterly  from 
the  easterly  line  of  College  avenue  and  its  extension  and  measured 
at  a  right  angle  thereto,  to  a  point  on  the  southerly  line  of  Clifton 
street,  as  said  street  is  laid  down,  delineated  and  so  designated  on  a 
map  entitled  Map  of  Rock  Ridge,  etc.,  filed  in  the  office  of  the  Re- 
corder of  Alameda  County  on  August  4th,  1879,  thence  in  an  easterly 
direction  along  said  line  of  Clifton  street  to  the  westerly  line  of  Mc- 
Adam  street,  as  delineated  and  so  designated  on   aforesaid   Map   of 
Rock  Ridge,  thence  in  a  direct  line  due  south  to  the  line  dividing  plots 
Nos.   13  and  15,  as  said  plots  are  delineated  and  so  designated  on  a 
map  entitled  Map  of  the  Rancho  of  Vicente  and  Domingo   Peralta, 
etc.,  filed  in  the  office  of  the  Recorder  of  Alameda  County  on  Jan- 


CITY  O^^  OAKLAND.  CAL.  ii 

uary  21st,  1857,  said  plot  line  is  the  western  boundary  line  of  the  St. 
Mary's  Cemetery,  thence  along  said  plot  line  in  a  southwesterly  direc- 
tion to  the  most  western  corner  of  said  plot  No.  15,  thence  in  a  south- 
easterly direction  following  the  line  dividing  plots  Nos.  14  and  15  as 
shown  on  map  of  aforesaid  ranchos  (the  last  named  plot  line  being 
the  southwesterly  boundary  of  the  St.  Mary's  and  Mountain  View 
Cemeteries)  to  the  westerly  line  of  Piedmont  Sanitary  District, 
thence  following  the  boundary  line  of  Piedmont  Sanitary  District  in 
a  southerly  and  then  in  a  southeasterly  direction  to  its  intersection 
with  the  said  northern  boundary  line  of  the  City  of  Oakland,  and 
thence  in  a  westerly  direction  along  the  said  boundary  line  of  the 
City  of  Oakland  to  the  place  of  beginning.] 

CHAPTER  III.— DIVISION   INTO  WARDS. 

[Note — The  ward  boundaries,  as  given  in  Section  6  of  the  Charter, 
are  here  omitted,  the  City  Council  having  redistricted  the  city  into 
wards  on  June  2,  i8go,  by  its  Resolution  No.  15,002,  passed  pursuant 
to  the  provisions  of  Section  25  of  the  Charter.  The  following  are  the 
boundaries  as  described  in  that  resolution.] 

Sec.  6.  The  City  of  Oakland  shall  be  divided  into  seven  wards, 
the  respective  boundaries  of  which  shall  be  as  follows,  to-wit: 

First  Ward — All  that  part  of  the  City  of  Oakland  bounded  on  the 
north  by  the  center  line  of  Twenty-second  (22d)  street  and  its  exten- 
sion westwardly  to  the  charter  line  of  the  City  of  Oakland;  bounded  on 
the  east  by  a  line  described  as  follows:  Beginning  at  a  point  where  the 
center  line  of  Twenty-second  (22d)  street  intersects  the  center  line  ot 
Peralta  .street;  thence  southerly  along  the  center  line  of  Feralta  street 
to  its  intersection  with  the  center  line  of  Center  street;  thence  south- 
erly along  the  center  line  of  Center  street  and  its  extension  southerly 
to  the  Charter  line  of  the  City  of  Oakland;  bounded  on  the  south  and 
on  the  west  by  the  Charter  line  of  the  City  of  Oakland. 

Second  Ward — All  that  part  of  the  City  of  Oakland  bounded  on 
the  north  by  the  Charter  line  of  the  City  of  Oakland;  on  the  east, 
southeast  and  south  by  a  line  described  as  follows,  to-wit:  Beginning 
at  a  point  where  the  line  dividing  Oakland  and  Brooklyn  Townships 
intersects  the  present  Charter  line  of  the  City  of  Oakland,  and  running 
thence  in  a  southwesterly  direction  along  said  line  dividing  Oaklan*! 
and  Brooklyn  Townships  to  its  intersection  with  the  old  Charter  line 
of  the  City  of  Oakland,  in  the  northeast  arm  of  Lake  Merritt;  thence 
westerly  along  said  old  Charter  line  to  a  point  in  the  center  of  the 
northwest  arm  of  Lake  Merritt;  thence  in  a  northwesterly  direction 
along  the  center  line  of  said  northwest  arm  of  Lake  Merritt  to  its 
mtersection  with  the  center  line  of  Walnut  street,  also  known  as 
Twenty-second  (22nd)  street,  extended  eastwardly  to  the  center  of  said 


12  CHARTER  OF  THE 

northwest  arm  of  Lake  Merritt;  thence  westerly  to  and  along  the 
center  line  of  said  Walnut  or  Twenty-second  street  to  the  center  line 
of  Telegraph  avenue;  thence  northerly  along  the  center  line  of  Tele- 
graph avenue  to  the  center  line  of  Charter  street,  also  known  as 
Twenty-second  street  (22nd) ;  thence  westerly  along  the  center  line  ot 
said  Charter  or  Twenty-second  street  to  the  center  line  of  San  Pablo 
avenue,  and  thence  westerly  along  the  center  line  of  Twenty-second 
(22nd)  street  and  its  extension  westwardly  to  the  Charter  line  of  the 
City  of  Oakland,  and  bounded  on  the  west  by  the  Charter  line  ot  the 
City  of  Oakland. 

[Note— All  of  the  territory  annexed  to  the  city  June  24,  1897,  a 
description  of  which  is  set  forth  in  a  note  to  Section  five,  was  added 
to  the  Second  Ward  by   Ordinance  No.    1830,  approved  September 

28,  1897-] 

Third  Ward— All  that  part  of  the  City  of  Oakland  bounded  and 
described  as  follows:  Beginning  at  the  point  of  intersection  of  the 
center  line  of  Twenty-second  (22nd)  street  with  the  center  line  ot 
Peralta  street;  thence  easterly  along  the  center  line  of  Twenty-second 
(22nd)  street  to  the  center  line  of  San  Pablo  avenue;  thence  easterly 
continuing  along  the  center  line  of  Twenty-second,  also  known  as 
Charter  street,  to  the  center  line  of  Telegraph  avenue;  thence  south- 
erly along  the  center  line  of  Telegraph  avenue  to  the  center  hne  ot 
Seventeenth  (17th)  street;  thence  westerly  along  the  center  hne  ol 
Seventeenth  street  to  the  center  line  of  Jefferson  street;  thence  south- 
erly along  the  center  line  of  Jefferson  street  to  the  center  hne  ot 
Twelfth  street;  thence  westerly  along  the  center  line  of  Twelfth' street 
to  the  center  line  of  Center  street;  thence  northerly  along  the  center 
line  of  Center  street  to  the  center  line  of  Peralta  street,  and  thence 
northerly  along  the  center  line  of  Peralta  street  to  the  beginning. 

Fourth  Ward— All  that  part  of  the  City  of  Oakland  bounded  on 
the  north  by  the  center  line  of  Twelfth  (12th)  street:  on  the  east  by 
the  center  line  of  Jefiferson  street  and  its  extension  southerly  to  the 
Charter  line  of  the  City  of  Oakland:  on  the  south  by  the  Charter  hne 
of  the  City  of  Oakland  and  on  the  west  by  the  center  line  of  Center 
street  and  its  extension  southerly  to  tHe  Charter  line  of  the  City  ot 
Oakland. 

Fifth  Ward— All  that  part  of  the  City  of  Oakland  bounded  on  the 
north  by  a  line  described  as  follows,  to-wit:  Beginning  at  the  point  ot 
intersection  of  the  center  line  of  Telegraph  avenue  with  the  center 
line  of  Walnut  street,  also  known  as  Twenty-second  (22nd)  street; 
thence  easterly  along  the  center  line  of  Walnut  or  Twenty-second 
street  and  its  extension  eastwardly  to  the  center  line  of  northwest  arm 
of  Lake  Merritt;  thence  southerly  along  the  center  line  of  said  north- 
west arm  of  Lake  Merritt  to  its  intersection  with  the  old  Charter  hne 
of  the  City  of  Oakland:  thence  easterly  along  said  old  Charter  hne  to 


CITY  OF  OAKLAND,  CAL.  13 

the  line  dividing  Oakland  and  Brooklyn  townships,  bounded  on  the  east 
by  the  said  line  dividing  Oakland  and  Brooklyn  Townships;  bounded 
on  the  south  by  the  center  line  of  Tenth  (loth)  street  and  its  exten- 
sion eastwardly  to  the  line  dividing  Oakland  and  Brooklyn  Townships, 
and  bounded  on  the  west  by  a  line  described  as  follows:  Beginning 
at  the  intersection  of  the  center  line  of  Tenth  (loth)  street  with  the 
center  line  of  Jefferson  street;  thence  northerly  along  the  center 
line  of  Jefferson  street  to  the  center  line  of  Seventeenth  (17th) 
street;  thence  easterly  along  the  center  line  of  Seventeenth  (17th) 
street  to  the  center  line  of  Telegraph  avenue;  thence  northerly  along 
the  center  line  of  Telegraph  avenue  to  the  center  line  of  Walnut  or 
Twenty-second  street. 

Sixth  Ward — All  that  part  of  the  City  of  Oakland  bounded  on  the 
north  by  the  center  line  of  Tenth  (loth)  street  and  its  extension  east- 
wardly to  the  line  dividing  Oakland  and  Brooklyn  Townships;  on  the 
east  by  the  line  dividing  Oakland  and  Brooklyn  Townships;  on  the 
south  by  the  Charter  line  of  the  City  of  Oakland,  and  on  the  west  by 
the  center  line  of  Jefferson  street  and  its  extension  southerly  to  the 
Charter  line  of  the  City  of  Oakland. 

Seventh  Ward-^All  that  part  of  the  City  of  Oakland  bounded  on 
the  north,  on  the  east  and  on  the  south  by  the  Charter  line  of  the  City 
of  Oakland,  and  on  the  west  by  the  line  dividing  Oakland  and  Brook- 
lyn Townships. 


ARTICLE  11. 
Elections. 


Sec.  7.  General  Municipal  Elections  shall  be  held  biennially,  on 
the  second  Monday  in  March,  commencing  with  the  second  Mon- 
day in  March  next  after  the  adoption  of  this  amenudment.  At  each 
such  general  municipal  election  there  shall  be  elected  a  Mayor,  who 
shall  be  ex-ofificio  a  Commissioner  of  Public  Works,  eleven  members 
of  the  Council,  eleven  members  of  the  Board  of  Education,  an  Auditor, 
who  shall  be  ex-officio  Assessor,  a  Treasurer  who  shall  be  ex-officio 
Tax  Collector,  a  City  Attorney  who  shall  be  ex-oflicio  a  Commissionei 
of  Public  Works,  and  a  City  Engineer  who  shall  be  ex-officio  a  Com- 
missioner of  Public  Works. 


14  CHARTER  OF  THE 

[Note  I— This  section,  together  with  Sections  46,  63  and  72,  was 
amended  at  an  election  held  January  26,  1895.  and  such  amendment 
was  approved  by  the  Legislature  January  31,  1895.  The  original  Sec- 
tion 7  was  as  follows:  General,  municipal  elections  shall  be  held  bien- 
nially on  the  second  Monday  in  March,  commencing  with  the  second 
Monday  in  March  next  after  the  adoption  of  this  Charter.  At  each 
general  election  there  shall  be  elected  a  Mayor,  eleven  members  of  the 
Council,  eleven  members  of  the  Board  of  Education,  an  Auditor,  whc 
shall  be  ex-officio  Assessor,  a  Treasurer,  who  shall  be  ex-oflticio  lax 
Collector,  a  Police  Judge  and  two  Justices  of  the  Peace.] 

[Note  2 — Under  this  section,  municipal  elections  are  held  in  oda 
numbered  years.] 

Sec.  8.  The  provisions  of  Title  II.,  Part  III.,  of  the  Political  Code 
relating  to  elections,  and  all  laws  amendatory  thereot  and  supple- 
mental thereto,  and  all  rights,  duties,  liabilities  and  restrictions  arising 
thereunder,  not  inconsistent  with  the  provisions  of  this  Charter,  are 
hereby,  so  far  as  the  same  can  be  applied,  made  applicable  to  all 
municipal  elections:  and  the  respective  officers  of  the  city  shall  have, 
possess  and  perform  such  powers  and  duties  in  all  matters  relating  to 
municipal  elections  as  are  by  law  conferred  or  imposed  upon  county 
officers  and  officers  of  election  in  State  and  county  elections;  and  to 
that  end  all  rights,  powers  and  duties  so  by  law  conferred  or  imposed 
upon  the  Board  of  Supervisors  are  hereby  conferred  upon  the  Council; 
and  all  rights,  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  County  Clerk  are  hereby  conferred  and  imposed  upon  the  City 
Clerk,  except  as  in  this  Charter  provided. 

[Note— The  provisions  of  the  general  law,  referred  to  in  this 
section,  are  to  be  found  in  Sees.  1041  to  1365  of  the  Political  Code. J 

Sec.  9.  In  establishing  election  precincts  the  Council  shall  make 
them  as  geographically  compact  as  possible,  and  so  that  no  precinct 
shall  have  more  than  four  hundred  electors  therein. 

Sec.  10.  Only  such  persons  residing  in  the  city,  whose  names 
appear  upon  the  Great  Register  of  Alameda  county  at  the  time  of  any 
municipal  election,  shall  be  entitled  to  vote  at  such  election;  and  to 
this  end  and  extent  said  Great  Register  is  hereby  adopted  as  the  reg- 
ister of  voters  in  and  for  the  city.  The  Council  shall  cause  authenti- 
cated copies  of  such  Great  Register  to  be  made  and  used  at  and  for 
all  municipal  elections. 

Sec.  II.  The  certificates  of  election  issued  by  the  City  Clerk  must 
be  authenticated  with  the  seal  of  the  city.  No  other  authentication 
shall  be  necessary. 


CITY  OF  OAKLAND,  CAL.  IS 

ARTICLE  III. 
Legeslative  Department. 


Sec.  12.  The  Legislative  power  of  the  City  of  Oakland  shall  be 
vested  in  a  Council  of  eleven  members,  whose  terms  of  office  shall  be 
two  years. 

Sec.  13.  One  member  of  the  Council  shall  be  elected  from  each  ot 
the  seven  wards  of  the  city,  each  of  whom  shall,  at  the  time  of  his  elec- 
tion, be  a  resident  of  the  ward  from  which  he  was  elected.  Four  mem- 
bers of  the  Council  shall  be  elected  from  the  city  at  large,  but  no  two 
of  the  latter  shall,  at  the  time  of  election,  be  residents  of  the  same  ward. 
Sec.  14.  The  Council  shall  meet  on  the  second  Monday  after  the 
election  of  its  members  shall  have  been  officially  declared,  and  at  such 
other  times  as  may  be  designated  by  resolution  or  ordinance.  Special 
meetings  may  be  called  by  the  Mayor,  the  President  of  the  Council  or 
five  members  of  the  Council.  Seven  members  of  the  Council  shall  be 
a  quorum,  and  the  affirmative  vote  of  six  members  shall  be  necessary 
to  pass  any  measure,  but  a  less  number  than  seven  may  adjourn  from 
day  to  day  and  compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  the  Council  may  prescribe. 

Sec.  15.  The  Council  shall  annually  elect  a  President  from  its 
own  members,  who  may  be  removed  by  an  affirmative  vote  of  not  less 
than  nine  members  of  the  Council. 

Sec.  16.  The  Council  shall  establish  rules  for  its  proceedings.  It 
shall  have  the  power  to  punish  its  members  for  disorderly  conduct  in 
its  presence,  and  may  expel  any  member  for  malfeasance  in  office  by 
an  affirmative  vote  of  nine  of  its  members.  The  Council  shall  also 
have  the  power  to  compel  the  attendance  of  witnesses,  and  the  pro- 
duction of  all  papers  relating  to  any  business  properly  before  that  body. 
Sec.  17.  The  President  of  the  Council  and  the  Chairman  of  each 
committee  thereol  shall  have  the  power  to  administer  oaths  and  affir- 
mations relating  to  any  business  brought  before  the  Council  or  under 
consideration  by  its  committees. 

Sec.  18.  No  ordinance  shall  be  amended  by  reference  only  to  its 
title;  but  when  any  ordinance  is  amended,  the  section  or  sections 
thereof  shall  be  re-enacted  at  length,  as  amended. 

[Note — As  to  legal  effect  of  amendments  see  Fletcher  vs.  Prather, 
102  Cal.  413.] 


i6  CHARTER  OF  THE 

Sec.  ig.  Every  ordinance  shall  embrace  but  one  subject,  which 
shall  be  clearly  indicated  in  the  title.  In  all  cases  where  the  subject  is 
not  so  expressed  in  the  title,  the  ordinance  shall  be  void  as  to  the 
matter  not  expressed  in  the  title. 

,  [Note— It  is  enough  if  the  title  of  the  ordinance  to  be  amended  is 
recited;  it  is  not  necessary  that  the  subject  of  the  particular  section 
amended  shall  be  stated  in  the  title  of  the  amendatory  ordinance 
See  People  vs.  Parvin,  74  Cal.  549.] 

Sec.  20.  When  any  bill  is  put  upon  its  final  passage  and  fails  to 
pass,  if  a  motion  is  made  to  reconsider,  the  vote  upon  such  motion 
shall  not  be  taken  until  the  next  meeting  of  the  Council.  No  bill  for 
the  grant  of  any  franchise  shall  be  put  on  its  final  passage  within 
thirty  days  after  its  introduction. 

Sec.  21.  Every  bill,  after  it  has  passed  the  Council,  shall  be  signed 
by  the  President  thereof,  and  every  bill  which  shall  have  passed  the 
Council,  and  have  been  thus  authenticated,  shall  be  presented  to  the 
Mayor  for  his  approval.  The  Mayor  shall  return  such  bill  to  the 
Council  within  ten  days  after  receiving  it.  If  he  shall  sign  the  same, 
it  shall  then  become  an  ordinance;  but  if  he  shall  disprove  the  bill,  he 
shall  state  his  objections  thereto  in  writing.  If  the  bill  is  not  returned 
with  such  approval  or  disapproval  within  the  time  specified,  it  shall 
take  effect  as  if  he  had  approved  the  same. 

[Note — See  County  of  San  Diego  vs.  Seifert,  97  Cal.  594.] 

Sec.  22.  When  a  bill  is  returned  without  the  approval  of  the 
Mayor,  the  Council  shall,  within  thirty  days  thereafter,  proceed  to 
consider  and  vote  on  the  same.  If  the  bill  is  again  passed  by  an 
affirmative  vote  of  not  less  than  eight  members,  it  shall  take  effect 
as  if  the  Mayor  had  approved  the  same.  If  the  bill  shall  fail,  on  being 
so  considered,  to  receive  eight  affirmative  votes,  it  shall  then  be  finally 
lost.  The  vote  shall  be  taken  by  ayes  and  noes,  and  the  result  shall 
be  entered  in  the  minutes  of  the  Council. 

Sec.  23.  The  action  of  the  Council  shall  be  by  ordinance  or  reso- 
lution. To  constitute  an  ordinance  a  bill  must,  before  final  action 
thereon,  be  passed  to  print  and  published  with  the  ayes  and  noes  for 
ten  days;  and  in  case  of  any  amendment  being  thereafter  made,  must 
in  like  manner  be  republished  as  amended  for  not  less  than  five  days. 
No  action  providing  for  any  specific  improvement  or  the  granting  ot 
any  privilege  or  involving  the  lease,  appropriations  or  disposition  of 
public  property  or  the  expenditure  of  public  money  (except  sums  ot 
less  than  $500)  or  the  levying  of  any  t?ix  or  assessment,  or  the  imposing 
of  any  new  duty  or  penalty  shall  be  taken  except  by  ordinance. 

[Note — See  County  of  San  Diego  vs.  Seifert,  97  Cal.  559-600. 
also  Stat.  1897,  p.  190.1 


CITY  OF  OAKLAND.  CAL.  17 

Sec.  24.  No  ordinance  passed  by  the  Council  shall  take  effect 
until  ten  days  after  its  passage  and  approval,  unless  otherwise  pro- 
vided in  the  enactment. 

Sec.  25.  The  Council  shall,  in  the  year  1890,  and  every  tenth  year 
thereafter,  redistrict  the  city  into  seven  wards,  making  the  same  as 
nearly  equal  in  population  and  as  geographically  compact  as  possible, 
but  the  city  shall  not  be  so  redistricted  within  ninety  days  previous  tb 
any  municipal  election. 

[Note— Under  the  provisions  of  this  section,  the  Council  redistricte:! 
the  city  June  2,  1890,  by  its  Resolution  No.  15002.  See  Sec.  6  of  this 
Charter,  ante,  and  notes  connected  therewith.] 

Sec.  26.  The  Council  shall,  during  the  first  year  after  its  organi- 
zation under  this  charter,  cause  all  ordinances  then  in  force  to  be 
classified  under  appropriate  heads,  and  shall  provide  for  the  publica- 
tion of  the  same  in  book  form.  Every  officer  of  the  city  shall  be 
entitled  to  one  copy  of  such  ordinances,  without  charge;  and  every 
citizen  applying  for  a  copy,  shall  be  entitled  to  the  same  at  cost  ot 
publication.  The  Council  shall,  every  three  years  after  the  publica- 
tion, as  herein  provided,  cause  all  the  ordinances  at  that  time  in  force 
to  be  compiled,  and  shall  publish  the  same,  subject  to  the  terms  and 
conditions  herein  expressed. 

Sec.  27.  The  enacting  clause  of  all  ordinances  shall  be  in  these 
words:  "Be  it  ordained  by  the  Council  of  the  City  of  Oakland  as  fol- 
lows:" 

Sec.  28.  No  contract  for  lighting  streets,  public  buildings,  places 
or  ofifices  shall  be  made  for  a  longer  period  than  one  year;  nor  shall 
any  contract  be  made  to  pay  for  gas,  electric  lights  or  any  other  illu- 
minating material  at  a  higher  rate  than  is  charged  to  any  other  con- 
sumer. 

[Note — For  general  law  as  to  lighting  contracts  in  municipalities 
see  Statutes  1897,  p.  210.  The  action  of  the  Council  callirg  for  bit's 
may  be  by  ordinance  or  resolution,  but  the  award  of  contract  must  b.^ 
by  ordinance] 

[Note — See  also  Sees.  4412-3,  Political  Code.] 

Sec.  29.  No  contract  for  the  supplying  of  water  for  the  use  of  the 
municipality  in  any  of  its  departments  shall  be  made,  wherein  the 
rates  exceed  those  charged  to  other  consumers. 

[Note — See  also  Sees.  4412-3,  Political  Code;  also  Sec.  31,  sub  41 
post.] 

Sec.  30.  All  contracts  must  be  in  writing,  executed  in  the  name 
of  the  city,  and  by  an  officer  authorized  to  make  the  same.  The  form 
and  legality  of  all  contracts  shall  be  submitted  to,  and  passed  upon  by 
the  City  Attorney.  Every  contract  must  be  countersigned  by  the 
Auditor,  numbered  and  registered  in  a  hook  kept  for  that  purpose. 


i8  CHARTER  OF  THE 

Sec.  31.     The  Council  shall  have  power  to  pass  ordinances: 

1.  To  establish  or  alter  the  grades  of  and  to  open,  lay  out,  close, 
straighten,  widen  or  otherwise  improve  or  regulate  streets,  alleys, 
lanes  and  sidewalks  upon  the  same,  determine  the  width  of  sidewalks 
and  streets  and  the  grade  of  the  same,  and  to  provide  for  acceptance 
of  the  streets  when  constructed  and  completed  in  accordance  with 
such  regulations  as  the  Council  may  adopt.  Also  to  open,  lay  out  and 
construct,  alter,  repair  and  vacate  walks,  crosswalks,  avenues  and 
thoroughfares  in  or  over  any  plaza,  park  or  grounds  belonging  to  or 
under  the  control  of  the  city. 

2.  To  regulate  or  prohibit  traffic  and  sales  in  streets,  highways  and 
public  places;  to  prevent  encroachments  upon  or  obstructions  to  the 
same  and  to  require  their  removal. 

.1.  To  regulate  the  laying  of  telegraph  or  telephone  wires  in  or 
upon  the  public  streets,  erecting  of  gas  and  electric  lights  therein,  the 
numbering  of  houses  on  the  streets  and  avenues;  the  naming  of  the 
streets,  avenues,  public  places  and  thoroughfares;  the  crossing  ot 
streets,  avenues,  sidewalks  and  gutters;  the  use  of  streets  and  sidewalks 
for  signs,  sign-posts,  awnings,  awning  posts,  horse-troughs,  telegraph 
posts  and  other  purposes;  the  exhibiting  of  banners,  placards  or  flags 
in  or  across  the  street  or  from  houses  or  other  buildings;  public  cries, 
advertising  and  other  noises,  steam  whistles  and  the  ringing  of  bells 
in  the  streets;  the  use  of  the  streets  and  public  places  for  foot  pas- 
sengers, animals,  vehicles,  cars  and  locomotives. 

4.  To  regulate  the  building  and  repairing  of  sewers;  and  it  shall 
establish,  through  the  Board  of  Public  Works,  a  general  and  compre- 
hensive system  of  sewers  in  the  city. 

5.  To  provide  for  and  regulate  street  pavements,  crosswalks, 
curbstones,  grades,  gutters,  sewers,  lighting  and  watering  of  the 
streets,  avenues  and  public  places. 

Note — [See  also  note  preceding  Section  loi  of  this  Charter  post; 
also  Sections  28  and  29  ante.] 

6.  To  regulate  dispensaries,  hospitals,  markets  and  other  public 
institutions. 

7.  To  provide  for  the  construction  and  repair  of  bridges,  wharves, 
docks,  piers,  slips,  ferries  and  public  places. 

8.  To  fix,  regulate  and  collect  tolls,  wharfage  and  dockage. 

9.  To  regulate,  under  the  superintendence  of  the  Board  of  Public 
Works,  the  moving  and  anchoring  of  vessels  within  the  waters  of  the 
city,  and  to  prevent  obstruction  to  the  free  navigation  of  the  same. 

10.  To  make  regulations  for  preventing  and  extinguishing  fires, 
establishing  fire  districts,  preventing  the  erection  or  repairing  of 
wooden  buildings  or  any  buildings  composed  of  combustible  material 
therein,  and  for  restricting  the  height  of  buildings  or  structures. 


CITY  OF  OAKLAND,  CAL.  I9^ 

[Note — A  fence  erected  wholly  upon  the  land  of  one  person  is 
not  a  division  fence  within  the  meaning  of  the  act  of  March  9th,  1895, 
limiting  the  height  of  division  fences  and  partition  walls  in  citiies 
and  towns,  and  an  adjoining  proprietor  cannot  enjoin  it  as  a  nuisance 
merely  because  it  obstructs  the  passage  of  light  and  air  to  his  build- 
ing. The  English  doctrine  of  "ancient  lights"  does  not  obtain  in 
this  country;  and  the  Legislature  cannot  vest  in  an  adjoining  pro- 
prietor the  right  to  prevent  his  neighbor  from  building  upon  his  own 
land  such  structure  as  he  may  see  fit,  provided  it  is  not  a  nuisance. 
Ingwersen  vs.  Barry,  118  Cal.  342.] 

11.  To  declare  what  shall  constitute  a  nuisance  and  abate  the  same. 

12.  To  provide  and  maintain  a  morgue. 

13.  To  prohibit  or  suppress  all  houses  of  ill-fame,  all  occupations, 
houses,  places  of  amusement,  exhibitions  and  practices  which  are 
against  good  morals,  and  contrary  to  public  order  and  decency,  or 
dangerous  to  the  public  safety. 

14.  To  regulate  or  prohibit  the  sale,  storage  and  use  of  powder, 
fireworks,  dynamite,  nitro-glycerine  and  other  explosives  or  com- 
bustible materials  and  substances,  the  places  of  their  manufacture, 
storage  and  their  transportation. 

15.  To  regulate  the  maintenance  of  acid  works,  slaughter  houses, 
wash-houses,  laundries,  tanneries,  offensive  trades;  and  all  other  manu- 
factories, works  and  business  of  every  description,  that  may  endanger 
the  public  safety,  health  or  comfort,  and  to  restrict  the  prosecution 
thereof  to  such  fixed  limits  as  may  seem  proper,  or  exclude  such 
works  and  business  from  the  city. 

16.  To  prevent  or  regulate  the  running  at  large  of  any  animals,  to 
establish  a  pound,  and  to  authorize  the  destruction  or  impounding  ot 
any  animals  running  at  large. 

17.  To  provide  for  the  public  printing,  and  to  provide  suitable 
rooms  and  buildings  for  the  Courts,  Boards,  and  officers  of  the  city, 
and  such  furniture,  fuel,  lights,  and  stationery,  and  other  supplies  ot 
any  kind  as  are  necessary  for  the  convenient  transaction  of  public 
business,  all  of  which  shall  be  provided  by  the  Board  of  Public  Works 
upon  requisition  of  the  Council,  when  the  expenditure  to  be  incurred 
may  exceed  $100.  The  Council  slnll  annually,  at  its  first  regular 
meeting  in  May,  make  such  requisition  for  whatever  it  shall  judge 
necessary  for  the  ensuing  fiscal  year,  and  shall  make  other  requisitions 
from  time  to  time  as  occasion  may  require.  The  requisitions  shall 
state  in  clear  and  explicit  terms  the  quantity  and  kind  of  supplies, 
material  or  work  needed,  and  how,  when,  and  where  to  be  delivered 
or  performed. 

18.  To  regulate  the  construction,  repair  and  use  of  sewers,  sinks, 
gutters,  wells,  cesspools,  and  vau'ts,  and  to  compel  the  connecting, 
cleaning  or  emptying  of  the  same,  and  to  designate  the  time  and  man- 
ner in  which  the  work  shall  be  done. 


20  CHARTER  OF  THE 

19.  To  prevent  throwing  into  any  stream,  creek,  bay,  or  any  body 
of  water,  from  vessels,  wharves  or  other  places,  any  dirt,  ballast,  ashes, 
garbage,  dead  animals,  or  other  materials  that  may  obstruct  the  same 
or  pollute  the  waters  thereof. 

20.  To  regulate  or  prohibit  the  use  of  steam  boilers,  the  location 
of  telegraph  and  telephone  poles  and  wires,  awnings,  and  the  con- 
struction of  entrances  to  cellars  and  basements  from  sidewalks. 

21.  To  establish  hack  stands,  and  regulate  the  rates  of  charges  ot 
hacks  and  other  licensed  vehicles. 

22.  To  regulate  the  entrance  to  and  exit  from  theaters,  lecture 
rooms,  public  halls  and  churches,  and  the  number  and  construction  ot 
such  entrances  and  exits,  and  to  prohibit  the  placing  of  chairs,  stools, 
benches  or  other  obstacles  in  the  aisles  of  such  buildings. 

23.  To  maintain  and  regulate  a  fire  alarm  and  police  telegraph. 

24.  To  regulate  and  control  the  business  of  pawnbrokers,  junk 
dealers,  intelligence  offices,  and  prescribe  the  mode  of  conducting  the 
same. 

25.  To  fix  and  determine,  annually,  the  rates  of  compensation  to 
be  collected  by  any  person,  company  or  corporation  in  the  city,  for 
the  use  of  water  supplied  to  the  city  or  the  inhabitants  thereof,  and 
to  prescribe  penalties  for  the  violation  of  all  ordinances  passed  in 
reference  to  matters  contained  in  this  subdivision. 

[Note.— The  Constitution,  Art.  XIV.,  Sec.  i,  provides  that  water 
rates  shall  be  fixed  annually  by  the  Council  in  the  month  of  February, 
to  take  effect  on  the  first  day  of  July  thereafter.  Such  rates  are  to  be 
fixed  "by  ordinance  or  otherwise,  in  the  manner  that  other  ordinances 
or  legislative  acts  or  resolutions  are  passed  by  such  body,  and  shall 
continue  in  force  for  one  year  and  no  longer."  As  to  annual  state- 
ment required  from  Water  Companies,  see  Stats.  1881,  p.  54;  see 
also  S.  V.  W.  W.  vs.  San  Francisco,  82  Cal.  286,  and  San  Diego  W 
Co.  vs.  San  Diego,  118  Cal.  556.] 

26.  To  regulate  the  quality,  capacity  and  location  of  water  and 
gaspipes,  mains  and  fire-plugs,  and  to  provide  for  and  regulate  the 
construction  and  repair  of  hydrants,  fire-plugs,  cisterns,  pumps  and 
such  other  appliances  as  may  be  requisite  to  utilize  the  distribution  01 
water  and  gas  in  the  streets,  public  places  and  public  buildings. 

27.  To  regulate  the  speed  of  railway  engines,  and  to  require  rail- 
road companies  either  to  station  flagmen  or  place  sufficient  automatic 
warning  signals  and  signal  bells  at  street  crossings. 

28.  To  grant  franchises  permitting  any  company  or  corporation 
to  lay  and  maintain  tracks  and  to  pass  with  steam  railroads  along, 
upon  and  across,  or  elevated  above  or  placed  below  any  streets  of  the 
city;  provided,  that  the  free  use  of  the  said  streets  ^hall  not  be  un- 
necessarily obstructed  thereby,  and  that,  except  in  that  portion  of  the 
city  which  is  designated  in  the  following  subdivision  of  this  section. 


CITY  OF  OAKLAND,  CAL.  21 

such  franchises  shall  be  granted  only  after  notice  published  for  two 
weeks  and  by  ordinance  passed  by  the  votes  of  two-thirds  of  the  mem- 
bers of  the  Council,  and  upon  the  previous  petition  in  writing  of  the 
owners  of  two-thirds  of  the  front  feet  of  lands  upon  that  part  of  the 
street  to  be  so  used.  Such  grants  shall  be  without  prejudice  to  the  rights 
of  non-consenting  owners  to  compensation  for  damages. 

[Note — See  Civil  Code,  Sec.  470.  City  of  South  Pasadena  vs.  L. 
A.  T.  Ry.  Co.,  109  Cal.  315.] 

29.  It  shall  be  the  duty  of  the  Council,  and  the  Council  is  hereby 
reriuired  to  grant  to  any  railroad  company  or  corporation  applying 
therefor,  a  franchise  to  lay  and  maintain  tracks  along  any  line  selected 
by  the  applicant  and  to  pass  with  steam  railroads  along,  upon  and 
across  or  elevated  above  or  placed  below  any  street  or  streets  within 
that  portion  of  the  city  which  lies  west  and  south  of  a  dividing  line 
commencing  at  the  point  where  the  east  line  of  Halleck  street  inter- 
sects the  present  Charter  line  of  the  city,  and  running  thence  south- 
wardly in  a  straight  line  to  the  northwesterly  corner  of  Block  No.  770; 
thence  southwardly  along  the  east  side  of  Wood  street  to  the  north- 
easterly corner  of  Taylor  and  Wood  streets;  thence  on  a  curve  with 
a  radius  of  three-quarters  of  a  mile  to  a  point  where  said  curve  inter- 
sects the  south  line  of  the  right  of  way  of  the  Western  Pacific  Rail- 
road Company,  now  occupied  by  the  Southern  Pacific  Company,  near 
the  foot  of  Cypress  street  extended  southwardly,  and  thence  along 
the  said  line  of  said  right  of  way  of  the  Western  Pacific  Railroad  Com- 
pany until  the  same  intersects  the  present  eastern  Charter  line  of  the 
city.  And  in  case  that  the  limits  of  the  city  be  hereafter  extended 
northwardly  and  eastwardly,  the  said  dividing  line  shall  be  extended 
northwardly  to  tlie  northern  limit  of  the  city,  keeping  parallel  with 
and  300  feet  east  of  the  right  of  way  of  the  Northern  Railway  Com- 
pany, and  shall  be  extended  eastwardly  to  the  eastern  limit  of  the  city, 
keeping  along  the  southerly  line  of  said  right  of  way  of  the  Western 
Pacific  Railroad  Company. 

And  the  Council  shall,  upon  said  portion  of  the  city,  grant  equal 
privileges,  subject  to  the  general  laws  of  the  State  of  California,  to  all 
railroad  companies  or  corporations  to  enter  the  city  and  operate  and 
maintain  railroads  for  the  convenience  of  the  public  to  and  upon  the 
water  front  of  the  city;  and  shall  grant  to  such  companies  or  corpora- 
tions, without  discrimination  between  them,  the  right  to  construct  and 
maintain  freight  and  passenger  depots,  engine  houses,  workshops, 
wharves,  docks,  slips,  ferries,  landing  places  and  other  terminal  facil- 
ities; provided,  that  no  franchise  for  right  of  way  exceeding  50  feet  in 
width,  and  no  franchise  for  terminal  facilities  upon  land  exceeding  1000 
feet  of  frontage  on  the  water  front  shall  be  granted  to  any  one  com- 
pany or  corporation,  or  to  any  companies  or  corporations  under  one 
management  or  control. 


22  CHARTER  OF  THE 

30.  The  Council  shall,  upon  the  portion  of  the  city  designated  m 
the  preceding  subdivision  of  this  section  grant,  subject  to  general 
laws,  to  all  companies  or  corporations  desiring  to  acquire  or  con- 
demn property  for  public  uses,  equal  privileges  to  construct  and  main- 
tain wharves,  docks,  slips,  landing  places,  ferries,  warehouses  and 
other  property  devoted  to  public  uses,  but  not  upon  land  exceeding 
1000  feet  of  frontage  upon  the  water  front  to  any  one  company  or 
corporation,  or  to  any  companies  or  corporations  under  one  manage- 
ment or  control. 

31.  '  The  Council,  as  soon  as  practicable,  shall  cause  to  be  pre- 
pared by  the  Board  of  Public  Works  a  map  of  all  that  portion  of  the 
city  which  lies  west  and  south  of  the  dividing  line  aforesaid,  upon 
which  map  it  shall  lay  out  a  general  and  complete  plan  of  harbor 
improvement  and  designate  what  lands  are  necessary  for  the  public 
uses  of  avenues  or  highways  to  the  water  front,  and  for  terminal  facil- 
ities for  railroads  and  for  open  slips,  canals  and  docks  for  the  accom- 
modation of  vessels  and  for  public  wharves,  landing  places,  warehouses 
and  other  public  uses;  and  all  franchises  granted  under  subdivisions  29 
and  30  of  this  section  shall  be  made  to  conform  to  the  said  plan. 

32.  The  grant  of  a  franchise  under  subdivisions  28  to  30,  inclus- 
ive, shall  be  a  delegation  of  the  right  to  condemn  private  property  for 
public  uses  upon  compensation  being  made  therefor  as  provided  by  law. 

33.  To  grant  the  right  to  construct  and  to  regulate  and  control 
the  construction  thereof  to  railroad  corporations,  of  pipes,  tubes,  con- 
duits, signal  bells,  warning  signs,  wires  and  other  electric,  telegraph 
and  mechanical  appliances  in,  along,  over  and  across  the  streets;  pro- 
vided, that  said  appliances  be  so  constructed  as  not  to  interfere  with 
the  free  use  of  the  sidewalks  and  streets. 

34.  To  require  every  railroad  company  to  keep  the  streets  in  repair 
between  the  tracks,  and  along  and  within  the  distance  of  two  feet  upon 
each  side  of  the  tracks  occupied  by  the  company. 

[Note—See  also  Sec.  498,  Civil  Code,  as  to  restrictions  to  be  re- 
quired in  franchises  for  street  railroads.] 

35.  To  determine  fines,  forfeitures  and  penalties  for  the  violation 
of  any  ordinance  or  any  provisions  of  this  Charter. 

36.  To  make  all  needful  rules  to  govern  the  official  conduct  and 
duties  of  all  officers  of  the  city  whose  duties  are  not  defined  by  this 
Charter,  and  to  fix  and  regulate  the  charges  and  fee=;  of  all  such  officers, 
where  the  fees  are  not  otherwise  fixed,  and  to  compel  the  payment  ot 
all  such  charges  and  fees  into  the  City  Treasury. 

yj.  To  grant  franchises  tor  the  construction  of  street  railroads 
on  and  along  the  streets  of  the  city;  provided,  that  when  applicatioi. 
is  made  for  such  franchises  the  Council  shall  by  resolution  cause  a 
notice  of  such  .npplication  to  be  published  for  twenty  days,  and  shall  in 
said  notice  specify  the  route  along  which  it  is  proposed  to  construct 


CITY  OF  OAKLAND,  CAL.  23 

such  road,  and  shall  offer  to  grant  the  franchise  to  the  persons,  com- 
pany or  corporation  that  shall  agree  to  pay  at  the  expiration  of  five 
years  after  said  railroad  is  completed,  and  thereafter  semi-annually, 
the  largest  per  centum  of  the  gross  receipts  of  such  road,  according 
to  a  verified  statement  of  the  same;  and  provided  further,  that  in  all 
grants  of  franchises  for  street  railroads  it  shall  be  made  a  condition 
that  single  fares  on  such  roads  shall  not  exceed  5  cents,  and  that  only 
such  rails  shall  he  laid  down  as  are  of  the  most  approved  flat  iron 
pattern  for  street  railways  operated  by  horses,  mules,  cables,  or  other 
motors  than  steam.  The  Council  may  reject  all  bids,  and  may  refuse 
to  grant  a  franchise  for  the  proposed  route;  and,  in  case  no  bids  are 
made,  may,  in  their  discretion,  grant  a  franchise  for  such  period  as 
may  be  deemed  most  expedient.  Franchises  for  street  railroads  to  be 
operated  by  horses  or  mules  shall  not  exceed  twenty-five  years. 

[Note  I. — For  the  general  law  as  to  granting  of  such  franchises, 
see  Sec.  497,  Civil  Code;  for  statutory  requirements  of  franchise,  see 
Sees.  498  to  502,  Civil  Code;  and  as  to  municipal  regulation  of  such 
railroads,  see  Sees.  503  to  511,  Civil  Code;  see  also  Stat.  1893,  PP-  44. 
208,  288;  Stat.  1895,  p.  241;  Stat.  1897,  pp.  46,  135  and  191;  see  also 
People  vs.  Craycroft,  in  Cal.  544.] 

[Note  2.— In  the  case  of  Santa  Rosa  City  R.  R.  Co.  vs.  Central 
Street  R.  R.  Co.,  the  Supreme  Court  of  the  State  decided  (Decision 
January  6  1895,  38  Pac.  Rep.  986)  that  the  provisions  of  Sec.  502,  Civil 
Code,  limiting  the  time  within  which  street  railroads  must  be  com- 
pleted, do  not  of  their  own  force  produce  a  forfeiture  "'without  further 
legislative  or  judicial  action,"  and  that  a  grant  of  the  same  franchise  to 
another  party  will  not  of  itself  efifect  a  forfeiture:  further,  that  in  the 
absence  of  "express  legislative  declaration"  by  "apt  and  plain  lang- 
uage to  that  effect;"  "the  franchise  and  right  of  way  continues  to  exist 
until  a  judgment  of  forfeiture  is  obtained  or  the  forfeiture  is  declared 
by  legislative  authority."     Same  case  on  rehearing,  112  Cal.  436.] 

3S.  To  establish  and  regulate  the  issuing  and  granting  of  munici- 
pal licenses  and  the  collection  of  license  taxes. 

[Note — County  of  El  Dorado  vs.  Meiss,  100  Cal.  268.] 

39.  To  establish  a  City  Hospital  and  to  provide  for  its  main- 
tenance. 

40.  To  acquire  lands  for  public  parks,  and  to  improve  and  main- 
tain such  lands  for  the  benefit  of  all  the  inhabitants  of  the  city;  and 
also  to  acquire  lands  for  public  buildings  and  other  public  uses. 

[Note.— For  the  general  law  as  to  issuance  of  bonds  for  parks  and 
boulevards,  see  Stats.  1889,  p.  361;  for  other  municipal  improvements, 
see  Stats.  1889,  p.  399:  see  also  Stat.  1897,  p.  45.] 

41.  To  provide  water  for  the  uses  of  the  city  and  its  inhabitants. 


24  CHARTER  OF  THE 

[Note. — See  also  Subdivision  s  of  this  Section  ante;  also  Section 
29  of  this  Charter  ante,  and  Sees.  4412-3,  Political  Code.] 

42.  To  provide  for  the  execution  of  all  trusts  confided  to  the  city. 

43.  To  offer  rewards  not  exceeding  five  hundred  dollars  for  the 
arrest  and  conviction  of  any  person  or  persons  who  may  have  com- 
mitted a  forgery  in  said  city. 

44.  To  provide  an  urgent  necessity  fund,  not  exceeding  five  hun- 
dred dollars  a  year,  to  be  expended  under  the  direction  of  the  Mayor. 

45.  To  establish  a  house  of  correction  and  reformation  for  juven- 
ile offenders. 

46.  To  grant  to  the  Associated  Charities  of  the  City  of  Oakland  a 
sum  not  to  exceed  one  hundred  and  fifty  dollars  per  month,  to  be 
expended  in  accordance  with  the  articles  of  incorporation  of  that  asso- 
ciation. 

47.  To  regulate  the  custody,  leasing  and  sale  of  all  the  property  ot 
the  municipality,  and  such  lost,  stolen  or  unclaimed  property  as  may 
be  in  possession  of  the  police  or  other  officers  of  the  city. 

48.  To  regulate  all  parades  and  processions,  and  to  determine 
what  parades  or  processions  upon  the  streets  shall  not  be  lawful,  and 
to  declare  the  same  a  nuisance. 

49.  To  make  all  rules  and  regulations  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Charter  or  by  general  laws  in  said  city. 

50.  To  make  and  enforce  all  such  local,  police,  sanitary  and  other 
regulations  as  are  not  in  conflict  with  general  laws  and  the  provisions 
ol  this  Charter. 

[Note.— See  Constitution,  Art.  XI.,  Sec.  11,  to  same  efiFect. 

An  ordinance  is  not  inconsistent  with  general  law  merely  because 
it  makes  another  and  different  regulation  for  the  sale  of  a  certain 
thing  where  there  is  no  direct  conflict.  Ex  parte  Houg  Shen,  98  Cal. 
681 ;  see  ex  parte  Lacy,  108  Cal.  326. 

Cases  construing  police  powers  of  Council:  Sanitary,  105  Cal.  i6t, 
104  Cal.  275,  98  Cal.  75;  beating  drums  in  street,  105  Cal.  558;  liquors 
in  dance  halls,  98  Cal.  555;  liquors  where  females  employed,  96  Cal. 
36o;lotteries,  108  Cal.  680;  pool  selling,  91  Cal.  589;  concealed  weapons. 
90  Cal.  617;  laundries,  96    Cal.  354.] 


CITY  OF  OAKLAND,  CAL.  25 

ARTICLE  IV. 
Executive  Department. 


[Of  the  Mayor.] 

Sec.  32.  The  Mayor  shall  be  the  chief  executive  officer  of  the  city, 
and  his  term  of  office  shall  be  two  years. 

Sec.  S3.  He  shall  vigilantly  observe  the  official  conduct  of  all 
public  officers,  and  take  note  of  the  fidelity  and  exactitude,  or  the  want 
thereof,  with  which  they  execute  their  duties  and  obligations,  especialH 
in  the  collection,  administration  and  disbursement  of  the  public  funds 
and  property;  and  the  books,  records  and  official  papers  of  all  depart- 
ments, boards,  officers  and  persons  in  the  employ  or  service  of  the  city 
shall  at  all  times  be  open  to  his  inspection  and  examination.  He  shall 
take  special  care  to  see  that  the  books  and  records  of  the  said  depart- 
ments, boards,  officers  and  persons  are  kept  in  legal  and  proper  form; 
and  any  official  defalcation  or  willful  neglect  of  duty  or  official  mis- 
conduct which  he  may  discover,  or  which  shall  be  reported  to  him. 
shall  be  laid  by  him  before  the  Council,  City  Attorney  or  District 
Attorney,  in  order  that  the  public  interests  shall  be  protected,  and  the 
person  in  default  be  proceeded  against  according  to  law.  He  shall, 
from  time  to  time,  give  the  Council  information  in  writing,  relative  to 
the  state  of  the  city,  and  shall  recommend  such  measures  as  he  may 
deem  beneficial  to  its  interests. 

He  shall  see  that  the  laws  of  the  State  and  the  ordinances  of  the 
city  are  observed  and  enforced.  He  shall  appoint  a  competent  person 
or  persons,  expert  in  matters  of  book-keeping  and  accounts,  to  ex- 
amine the  books,  records,  condition  and  affairs  of  every  department, 
board  or  officer  at  least  once  in  every  year,  and  enforce  such  examina- 
tion. Any  person  refusing  to  submit  to  or  to  permit  such  examina- 
tion, or  purposely  delaying  or  impeding  the  same,  may  be  suspended 
from  office  by  the  Mayor  and  removed  for  malfeasance  in  office.  He 
shall  have  a  general  supervision  over  all  the  departments  and  public 
institutions  of  the  city,  and  see  that  they  are  honestly,  economically 
and  lawfully  conducted.  He  shall  take  all  proper  measures  for  the 
preservation  of  public  order  and  the  suppression  of  all  riots  and 
tumults,  for  which  purpose  he  is  authorized  and  empowered  to  use  and 
command  the  police  force;  and  if  such  police  force  is  insufficient,  it 
shall  be  his  duty  to  call  upon  the  Governor  for  military  aid.  in  the 
manner  provided  by  law,  in  order  that  such  riots  or  tumults  may  be 
properly  and  effectually  suppressed. 


26  CHARTER  OF  THE 

[Note— As  to  the  powers  of  the  Governor  in  cases  of  riots,  etc., 
see  Sees.  1916  and  2039,  Political  Code.  As  to  posse  comitatus,  see 
Sees.  150  and  839  Penal  Code.] 

Sec.  34.  He  shall,  at  least  once  in  three  months,  together  with  a 
majority  of  the  Finance  Committee  of  the  Council,  count  the  cash  in 
the  City  Treasury  and  see  that  it  corresponds  with  the  books  of  the 
Treasurer  and  Auditor. 

Sec.  35.  He  shall  see  that  all  contracts  and  agreements  with  the 
city  are  faithfully  kept  and  fully  performed,  and  to  that  end  shall  cause 
legal  proceedings  to  be  commenced  and  prosecuted  in  the  name  of  the 
city  against  all  persons  or  corporations  failing  to  fulfill  their  agree- 
ments or  contracts,  either  in  whole  or  in  part.  It  shall  be  the  duty  ot 
every  officer  and  person  in  the  employ  or  service  of  the  city,  when  u 
shall  come  to  his  knowledge  that  any  contract  or  agreement  with  the 
city  or  with  any  officer  or  department  thereof,  or  relating  to  the  busi- 
ness of  any  office,  has  been  or  is  about  to  be  violated  by  the  other 
contracting  party,  forthwith  to  report  to  the  Mayor  all  facts  and  in- 
formation within  his  possession  concerning  such  matter;  and  a  willtui 
failure  so  to  do  shall- be  cause  for  the  removal  of  such  officer  or 
employe,  as  in  case  of  malfeasance  in  office. 

[Note.— For  statutory  proceedings  to  remove  officers  for  miscon- 
duct see  Sees.  758  to  '}'/2,  Penal  Code.] 

Sec.  36.  The  Mayor  may  call  special  meetings  of  the  Council. 
The  action  of  the  Council  at  special  meetings  shall  be  confined  to  the 
matters  specified  in  the  notice. 

[Note.— See  also  Section  14  of  this  Charter,  ante,  as  to  the  calling 
of  special  meetings  of  the  Council.] 

Sec.  2>T.  When  and  so  long  as  the  Mayor  is  temporarily  unable  to 
perform  his  official  duties,  the  President  of  the  Council  shall  act  as 
]VIay6r  pro  tempore.  When  a  vacancy  occurs  in  the  office  of  Mayor, 
it  shall  be  filled  for  the  unexpired  term  by  the  Council,  assembled  for 
the  purpose.  A  member  of  the  Council  during  the  term  for  which  he 
shall  have  been  elected  or  appointed  shall  be  ineligible  to  fill  such 
vacancy. 

Sec.  38.  The  Mayor  may,  when  authorized  by  the  Council  so  to 
do,  appoint  a  Clerk,  to  be  known  as  Mayor's  Clerk.  The  Mayor  shall 
perform  all  such  other  duties  as  may  be  prescribed  by  law  or  ordinance. 

(City  Clerk.]  , 

Sec.  39.  The  Council  shall  appoint  a  City  Clerk,  to  hold  office  for 
the  term  of  two  years  from  the  date  of  his  appointment,  unless  sooner 
removed  by  resolution.  His  duties  shall  be  to  keep  the  corporate  seal 
and  all  books,  records  and  other  documents  belonging  to  the  city, 
the  custody  of  which  is  not  in  this  Charter  otherwise  provided  for;  to 


CITY  OF  0AKL4ND,  CAL.  -     27 

attend  all  meetings  of  the  Council  and  keep  a  journal  of  its  proceed- 
ings, all  its  by-laws,  ordinances  and  resolutions:  and  perform  such 
other  duties  relating  to  his  office  as  the  Council  shall  direct.  He  shall 
have  power  to  take  affidavits  and  administer  oaths  in  all  matters  relat- 
ing to  the  business  of  the  city,  and  shall  make  no  charge  therefor. 

[Auiitor  and  Assessor.] 

Sec.  40.  The  Auditor  shall  be  ex-officio  Assessor.  As  Assessor. 
he  shall  perform  all  the  duties  prescribed  by  this  Charter  or  by  law  for 
assessing  property  in  the  city  for  purposes  of  taxation.  As  Auditor,  he 
shall  number  and  keep  a  record  of  all  demands  allowed  by  him,  show- 
ing the  date  of  approval,  amount  and  name  of  original  holder,  the 
number,  on  what  account  and  out  of  what  fund  payable.  He  shall  be 
required  to  be  constantly  acquainted  with  the  e.xact  condition  of  the 
Treasury.  He  shall,  on  the  first  Monday  of  each  month,  or  oftener  if 
required,  report  to  the  Mayor  the  condition  of  each  fund  in  the  Treas- 
ury. He  shall  keep  a  complete  set  of  books  for  the  city,  in  which 
snail  be  set  forth  in  a  plain  and  business-like  manner  every  money 
transaction  of  the  city,  so  that  h6  can  at  any  time  tell  the  exact  con- 
dition of  the  city's  finances.  He  shall  make  an  annual  report  showing 
the  sources  from  which  the  city's  revenue  was  derived  and  how  ex- 
pended. He  shall  issue  all  licenses  and  turn  the  same  over  to  the  Tax 
Collector  for  Collection,  and  shall  draw  and  sign  all  warrants  upon 
the  Treasury,  except  as  otherwise  in  the  Charter  provided.  Every 
demand  must,  before  it  can  be  paid,  be  presented  to  the  Auditor  to 
be  approved,  who  shall  satisfy  himself  whether  the  money  is  legally 
due  and  remains  unpaid,  and  whether  the  payment  thereof  from  the 
Treasury  of  the  city  is  authorized  by  law  and  out  of  what  fund.  After 
such  examination  he  shall  approve  or  reject  the  claim  in  whole  or  in 
part,  and  indorse  on  such  demand  his  approval  or  rejection  over  his 
signature,  together  with  the  date  thereof.  If  it  is  approved,  the  fund 
out  of  which  it  is  to  be  paid  shall  be  designated.  If  the  claim  is 
rejected,  or  any  part  of  it,  unless  the  party  presenting  it  is  willing  to 
take  in  full  of  the  entire  demand  the  sum  offered,  the  Auditor  shali 
return  it,  with  his  reasons  for  rejecting  it  to  the  Council.  Board  o" 
other  body  which  originally  authorized  it;  then,  if  it  is  allowed  by  a 
majority  vote  of  all  the  members  of  the  Council,  or  of  the  members  ot 
the  Board  or  other  body  authorizing  it,  and  approved  by  the  Mayor, 
it  can  be  audited  in  the  same  manner  as  if  it  had  not  been  rejected; 
provided,  the  said  Council,  Board  or  other  body  had  the  authority  to 
make  the  expenditure  out  of  which  the  claim  arose.  No  demand 
upon  the  City  Treasury  shall  be  considered,  presented  for  action,  or 
acted  upon,  allowed  or  approved,  unless  it  specifies  on  its  face  each 
several  item  composing  it.  and  the  amount  and  date  thereof.  Every 
kmand  shalj  be  numbered  and  acted  upon  by  the  .-Xuditor  in  the  order 


28  CHARTER  OF  THE 

of  its  presentation  to  him;  and  when  allowed,  either  in  whole  or  in 
part,  the  warrant  therefor  shall  be  numbered  and  entitled  to  payment 
in  the  same  order  as  allowed.  No  demand  upon  the  Treasury  shall 
be  allowed  by  the  Auditor  in  favor  of  any  officer  or  other  person,  or 
any  of  their  assigns,  who  is  in  any  manner  indebted  to  the  city,  without 
first  deducting  therefrom  the  amount  of  such  indebtedness,  nor  in 
favor  of  any  officer  or  other  person,  or  his  assigns,  having  the  collec- 
tion, care,  custody  or  control  of  public  funds,-  unless  the  accounts  of 
such  officer  or  other  person  have  been  presented,  passed,  approved 
and  allowed  as  is  or  may  be  required  by  law;  nor  in  favor  of  any  officer 
or  other  person,  or  his  assigns,  who  has  neglected  to  make  any  oath 
required  by  law  or  ordinance  or  other  regulation  of  the  Council;  nor 
in  favor  of  any  officer  or  his  assigns,  who  has  failed,  to  the  knowledge 
of  the  Auditor,  to  do  any  duty  imposed  on  him  by  law  or  ordinance 
or  other  regulation  of  the  Council.  The  Auditor  shall  have  authority 
to  take  affidavits  and  administer  oaths  necessary  in  the  transactions  of 
all  city  business. 

[Note — See  Kelso  vs.  Teale,  io6  Cal.  477  as  to  itemizing  demand  ] 


[Treasurer.  ] 

Sec.  41.  The  Treasurer  shall  be  ex-officio  Tax  Collector.  Ai 
Tax  Collector  he  shall  perform  the  duties  in  this  Charter  and  by  the 
general  laws  of  the  State  provided.  As  Treasurer  he  shall  receive  and 
pay  out  all  moneys  belonging  to  the  city,  and  shall  keep  an  account 
of  all  receipts  and  expenditures  under  such  rules  and  regulations  as 
may  be  prescribed  by  ordinance.  He  shall  make  a  monthly  statement 
to  the  Council  of  the  receipts  and  expenditures  of  the  preceding 
month,  and  shall  do  all  things  required  of  him  by  law  or  ordinance 
of  said  city.  He  shall  not  pay  out  any  moneys  belonging  to  the  city 
except  upon  claims  presented,  allowed  and  audited  in  the  manner  pro- 
vided by  law.  As  soon  as  suitable  vaults  and  safes  are  provided,  the 
Treasurer  shall  keep  therein  all  moneys  belonging  to  the  city;  and  he 
shall  not  thereafter  under  any  circumstances  deposit  with,  or  loan  to 
any  person,  corporation  or  bank  any  of  the  moneys  of  the  city,  or 
allow  the  same  (except  in  payment  of  demands  against  the  city)  to 
pass  out  of  his  custody.  If  he  shall  violate  any  of  the  provisions  of 
this  section,  he  shall  forfeit  his  office  and  be  forever  disqualified  from 
holding  any  position  in  the  service  of  the  city. 

As  soon  as  possible  after  the  adoption  of  this  Charter,  the  Council 
shall  provide  suitable  vaults  and  safes  for  the  use  of  the  Treasurer. 

[Note — Depositing  city's  money  in  banks,  see  Yarnell  vs.  Los 
Angeles,  87  Cal.  603.] 


CITY  OF  OAKLAND,  CAL.  29 

[Payments  and  Collections.] 

Sec.  42.  A]l  fees  and  other  moneys  received  or  collected  by  any 
officer,  agent  or  employe  of  the  city  (excepting  only  such  fees  as  the 
City  Engineer  may  be  authorized  by  ordinance  to  collect)  shall  be  paid 
by  such  officer,  agent  or  employe  each  month,  or  as  much  oftener  as 
the  Council  may  require,  into  the  City  Treasury  for  the  use  of  the 
city;  and  no  payment  of  salary  shall  be  made  to  any  officer,  agent  or 
employe  who  shall  be  in  receipt  of  money  payable  to  the  city,  until  he 
shall  have  taken  and  filed  with  the  Auditor  an  affidavit  that  he  has 
paid  into  the  City  Treasury  all  fees  or  other  moneys  theretofore  received 
by  him  or  collected. 

[Note — Depositing  city's  money  in  banks  see  Yarnell  vs.  Los 
Angeles,  87  Cal.  603.] 

lOath.] 

Sec.  43.  Every  officer  provided  for  in  this  Charter  shall,  before 
entering  upon  the  duties  of  his  office,  take,  subscribe  and  file  with  the 
City  Clerk  the  following  oath:  "I  do  solemnly  swear  (or  affirn)  that  I 
will  support  the  Constitution  of  the  United  States  and  the  Constitution 
of  the  State  of  California,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of  [ ]  to  the  best  of  my  ability." 

[Salaries  of  OflBcers.J 

Sec.  44.  The  compensation  of  officers  and  employes  of  the  city 
shall  be  per  annum  as  follows:  Mayor,  $3000;  Treasurer  and  Tax  Col- 
lector, $3000;  Auditor  and  Assessor,  $3000;  City  Attorney,  $2400;  City 
Clerk,  $1500;  City  Superintendent  of  Schools,  $2500.  [See  note 
below.]  Superintendent  of  Streets,  $1500;  Chief  of  Police,  $2100; 
Police  Judge,  $2400;  Chief  of  Fire  Department,  $1800;  City  Engineer, 
$600;  Policemen,  $1200;  Members  of  Board  of  Public  Works,  each 
$2400;  Members  of  the  Council,  each  $480.  Two  policemen  may  be 
detailed  as  Captains  of  Police  and  two  as  detectives.  Those  so  de- 
tailed shall  be  paid  $300  per  annum  each  in  addition  to  their  regular 
salary  as  policemen. 

[Note— By  the  provisions  of  Section  1793  of  the  Political  Code. 
Stats.  1891,  p.  164.  City  Boards  of  Education  have  "full  power  to  fix 
the  salary  of  all  employees."  In  June,  1898,  the  Board  of  Education 
of  this  city  fixed  the  salary  of  the  City  Superintendent  of  Schools  at 
$3000  per  annum.] 

[Official  Bonds.] 

Sec.  45.  Every  officer  provided  for  by  law,  shall,  before  entering 
upon  the  duties  of  his  office,  and  within  ten  days  after  the  mailing  or 


30  CHARTER  OF  THE 

delivery  to  him  of  his  certificate  of  election  or  appointment  [file]  an 
official  bond  in  such  sum  as  the  Council  may  by  resolution,  approved 
by  the  Mayor  or  passed  over  his  veto,  direct,  payable  to  the  city, 
which  bond  shall  be  subject  to  the  law  concerning  official  bonds  ol 
officers.  All  official  bonds  shall  be  approved  by  the  Mayor  and  City 
Attorney  (except  that  of  the  Mayor,  which  shall  be  approved  by  the 
Treasurer  and  City  Attorney,  and  also  except  that  of  City  Attorney, 
which, shall  be  approved  by  the  Mayor  and  Treasurer),  the  approval 
to  be  indorsed  thereon;  and  said  bonds  shall  be  filed  and  kept  in  the 
office  of  the  Auditor,  and  must  also  be  recorded  forthwith  at  the  ex- 
pense of  the  party  giving  the  same,  in  the  office  of  the  City  Clerk,  in 
a  book  kept  for  that  purpose.  The  official  bond  of  the  Auditor,  after 
recording,  shall  be  filed  and  kept  in  the  office  of  the  Mayor.  The  City 
Council  may,  at  any  time,  require  an  additional  amount  or  new  sureties 
upon  any  official  bond  which  it  may  determine  insufficient;  and  must 
require  an  additipnal  bond  or  new  sureties  whenever  a  surety  thereon 
shall  die  or  become  insolvent  or  cease  to  be  a  resident  of  the  State. 
If  such  additional  bond  or  additional  security  be  not  given,  the  Council, 
upon  notificatioa  thereof  by  the  Mayor,  must  declare  the  office  vacant; 
and  as  soon  as  such  declaration  is  made,  the  office  becomes  vacant.. 
No  official  bonds  shall  be  approved  unless  the  sureties  thereon  shall 
justify  in  the  manner  provided  for  in  the  Political  Code  for  the  justi- 
fication of  the  official  bonds  of  county  officers:  and  all  persons  offepe-l 
as  sureties  on  official  bonds  must  be  personally  examined  on  oath  as 
to  their  qualification,  by  the  officers  whose  duty  it  is  to  approve  the 
bond.  No  officer  or  employe  of  the  city  or  member  of  the  Council 
shall  be  surety  upon  the  official  bond  of  any  other  officer  of  the  city. 

[Note — For  justification  of  sureties  under  Pol.  Code  see  Sec.  Q53 
Pol.  Code.] 


ARTICLE  V. 
Judicial  Departmk.nt 


[City  Attorney 


Sec.  46.  The  City  Attorney  shall  be  an  attorney  and  counselor  at 
law,  duly  admitted  to  practice  by  the  Supreme  Court  of  this  State, 
and  shall  have  been  actually  engaged  in  the  practice  of  his  profession 
for  at  least  five  years  previous  to  his  election.  It  shall  be  his  duty  to 
attend  to  all  suits  and  other  matters  in  which  the  city  may  be  legally 


CITV  OF  OAKLAND,  CAL.  31 

interested;  to  give  his  advice  or  opinion  in  writing  whenever  required 
by  the  Mayor,  Council,  Board  of  Education,  Board  of  Public  Works, 
Auditor,  City  Clerk  or  Treasurer;  and  to  do  and  perform  all  such  othei 
things  touching  his  office  as  m  y  be  required  of  him  by  the  Mayor, 
Council,  Board  of  Education  or  Board  of  Public  Works.  He  shall 
draft  and  approve  all  official  or  other  bonds  required  by  this  Charter, 
or  by  ordinance,  resolution,  motion  or  order  of  the  Council,  Board  ot 
Education,  or  Board  of  Public  W^orks,  save  and  except  his  own  bond. 
His  bond  shall  be  drafted  and  approved  by  the  Mayor. 

[Note. — This  Section  together  with  Sections  7,  63  and  "jz,  wa.^ 
amended  at  an  election  held  January  26,  1895,  and  such  amendmeni 
was  approved  by  the  Legislature,  Jan.  31,  1895.  The  original  Section 
46  was  as  follows:  The  Mayor  shall,  by  and  with  the  advice  and  con- 
sent of  the  Council,  appoint  an  attorney  for  the  city,  who  shall  be 
known  as  the/ City  Attorney.  His  term  of  office  shall  be  two  years. 
He  shall  be  an  attorney  and  counsellor  at  law,  duly  admitted  to  prac- 
tice by  the  Supreme  Court  of  this  State,  and  shall  have  actually  been 
engaged  in  the  practice  of  his  profession  for  the  period  of  at  least  five 
years  before  his  appointment.  It  shall  be  his  duty  to  prosecute,  oii 
behalf  of  the  people,  all  criminal  cases  growing  out  of  violations  ot 
city  ordinances  and  resolutions,  and  to  attend  to  all  suits  and  other 
matters  in  which  the  city  may  be  legally  interested;  to  give  his  advice 
or  opinion  in  writing  whenever  required  by  the  Mayor,  Council,  Boar  i 
of  Education,  or  Board  of  Public  Works,  and  to  do  and  perform  all 
such  other  things  touching  his  oftice  as  by  the  Council  or  Mayor  may 
be  required  of  him.  The  City  Attorney  shall  draft  and  approve  all 
official  or  other  bonds  required  by  this  Charter,  or  by  ordinance,  reso- 
lution, motion  or  order  of  the  Council,  e.xcept  his  ow-n  bond.  His 
bond  shall  be  drafted  and  approved  by  the  Mayor.] 

[Note — Fees  for  e.xtra  services  see  Buck  vs.  City  of  Eureka.   io> 
Gal.  504.] 

COURTS. 

Sec.  47.  The  judicial  power  of  the  city  shall  be  vested  in  a  Police 
Court  and  in  such  Justices'  Courts  as  are  or  may  be  provided  lor  by  law. 

Polics  Courts. 

[Note — The  establishment,  jurisdiction  and  regulation  of  the  Police 
Court  was  attempted  to  be  prescribed  by  Sections  48  to  57.  inclusive 
of  the  Charter,  as  adopted;  but  the  Supreme  Court  of  the  State  subse- 
quently decided  (ex  parte  Ah  You,  82  Cal.,  339)  that  such  Court  had 
"no  legal  existence,"  but  that  the  general  law  known  as' the  "Whitney 
Act,"  so  called,  which  provided  for  a  Police  Court  in  cities  of  certain 
population,  was  in  effect  in  this  city.     (See  also  the  cases  of  ex-parte 


32  CHARTER  OF  THE 

Henshaw,  yd  Cal.,  446,  and  The  People  vs.  Frank  Toal,  85  Cal.,  333.) 
The  sections  of  the  Charter  referred  to,  which  are  inoperative,  arc 
therefore  omitted  and  the  Whitney  Act  inserted. 

An  Act  to  provide  for  Police  Courts  in  cities  having  thirty  thous- 
and and  under  one  hundred  thousand  inhabitants,  and  to  provide  for 
ofificers  thereof.  See  Stats.  1885,  p.  213;  Stats.  1891,  p.  292;  Stats. 
1893,  p.  41;  Stat.  1895,  p.  113;  see  also  ex  parte  Giambonini,  117  Ca!. 
573;  ex  parte  Sparks,  52  Pac.  Rep.  715,  an^  People  vs.  Sands,  102 
Cal.  12.] 


The  People  of  the  State  of  California,  represented  in  Senate  ann 
Assembly,  do  enact  as  follows: 

Section  i.  The  judicial  power  of  every  city  having  thirty  thous- 
and and  under  one  hundred  thousand  inhabitants,  shall  be  vested  in  a 
Police  Court,  to  be  held  therein  by  the  City  Justices,  or  one  of  them 
to  be  designated  by  the  Mayor,  but  either  of  said  City  Justices  may 
hold  such  Court  without  such  designation,  and  it  is  hereby  made  the 
duty  of  said  City  Justices,  in  addition  to  the  duties  now  required  of 
them  by  law,  to  hold  said  Police  Court. 

Sec.  2.  The  Police  Court  shall  have  exclusive  jurisdiction  of  the 
following  public  oflfenses  committed  in  the  city: 

First.     Petit  larceny. 

Second.  Assault  or  battery  not  charged  to  have  been  com- 
mitted upon  a  public  officer  m  the  discharge  of  official  duty,  or  with 
intent  to  kill. 

Third.  Breeches  of  the  peace,  riots,  affrays,  committing  willtui 
injury  to  property  and  all  misdemeanors  punishable  by  fine  or  by 
imprisonment,  or  by  both  such  fine  and  imprisonment. 

Fourth.  Of  proceedings  respecting  vagrants,  lewd  or  disorderly 
persons. 

Sec.  3.  Said  Court  shall  also  have  exclusive  jurisdiction  of  all 
proceedings  for  violation  of  any  ordinance  of  said  city,  both  civil  and 
criminal,  and  an  action  for  the  collection  of  any  license  required  by  an 
ordinance  of  said  city. 

Sec.  4.  Neither  of  said  Justices  shall  sit  in  cases  in  which  he  is  a 
party,  or  in  which  he  is  interested,  or  where  he  is  related  to  either 
party  by  consanguinity  or  aflfinity  within  the  third  degree;  and  in  case 
of  the  sickness  or  inability  of  the  City  Justices,  either  of  them  shall 
call  in  a  Justice  of  Peace  residing  in  the  County  to  act  in  his  place  and 
stead. 

Sec.  5.  Each  of  the  City  Justices,  while  acting  as  Judge  of  said 
Court,  shall  also  have  power  to  hear  cases  for  examination  and  may 
commit  and  hold  the  offender  to  bail  for  trial  in  the  proper  Court,  and 
may  try,  condemn  or  acquit  and  carry  his  judgment  into  execution,  as 


CITY  OF  OAKLAND,  CAL.  33 

the  case  may  require,  according  to  the  law,  and  punish  persons  guilty 
of  contempt  of  Court,  and  shall  have  power  to  issue  warrants  of  arrest 
in  case  of  a  criminal  prosecution  for  a  violation  of  a  city  ordinance,  as 
well  as  in  case  of  the  violation  of  the  criminal  law  of  the  State;  also 
all  subpoenas  and  all  other  process  necessary  to  the  full  and  proper 
exercise  of  his  power  and  jurisdiction,  and  in  such  of  the  cases  enum- 
erated in  this  section  in  which  trial  by  jury  is  now  secured  by,  the 
Constitution  of  the  State,  he  may  proceed  to  judgment  in  the  first 
instance  without  a  jury;  but  on  appeal,  the  defendant  shall  be  entitled 
to  trial  by  jury  in  the  Superior  Court. 

Sec.  6.  The  Police  Courts  in  all  cities  having  more  than  thirty 
thousand  and  not  exceeding  one  hundred  thousand  inhabitants,  shall 
have  a  Clerk  for  each  of  the  Judges  of  said  Courts,  who  shall  be  ap- 
pointed by  the  Judge  of  the  said  Court  presiding  in  the  department 
thereof  in  which  the  said  Clerk  is  to  act,  who  shall  hold  office  for  the 
period  of  two  years  from  the  date  of  his  appointment.  Each  of  the 
said  Clerks  shall  receive  an  annual  salary  of  one  thousand  five  hun- 
dred dollars  a  year,  payable  monthly  out  of  the  treasury  of  said  city, 
which  salary  shall  be  the  full  compensation  for  all  services  rendere'l 
by  him.  Each  of  the  said  Clerks  shall  keep  a  record  of  the  proceed- 
ings of,  and  issue  all  processes  ordered  by,  the  City  Justices,  or  either 
of  them,  or  by  said  Police  Court,  and  receive  and  pay  into  the  City 
Treasury  all  fines  imposed  by  said  Court.  They  shall  also  each  month 
render  to  the  City  Council  an  exact  and  detailed  account,  upon  oath, 
of  all  fines  imposed  and  collected,  and  of  all  fines  imposed  and  uncol- 
lected, since  their  last  reports.  They  shall  prepare  bonds,  justify  bail 
when  the  amount  has  been  fixed  by  either  of  the  said  Justices  or  said 
Court,  in  cases  not  exceeding  one  hundred  dollars,  and  may  admin 
ister  and  certify  oaths.  The  Clerks  shall  remain  at  the  court  rooms  ot 
the  said  Court  during  the  business  hours,  and  during  such  reasonable 
times,  thereafter  as  may  be  necessary  for  discharging  their  duties 
Before  receiving  their  salaries  each  or  any  month,  each  of  them  shall 
make  and  file  with  the  City  Auditor  an  af!idavit  that  he  has  depositei 
with  the  City  Treasurer  all  moneys  that  have  come  into  his  hand^ 
belonging  to  the  city.  Any  violation  of  this  provision  shall  be  a  mis- 
demeanor. Each  of  said  Clerks  shall  give  a  bond  in  the  sum  of  five 
thousand  dollars,  with  at  least  two  sureties,  to  be  approved  by  the 
Mayor,  conditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 
Sec.  6J^.  The  Police  Court  in  all  cities  having  more  than  thirty 
thousand  and  less  than  fifty  thousand  inhabitants  shall  have  a  Prose- 
cuting Attorney,  to  be  appointed  by  the  District  Attorney  of  the 
county  in  which  said  city  is  situated,  who  shall  hold  office  for  the 
period  of  two  years  from  the  date  of  his  appointment.  He  shall  re- 
ceive an  annual  salary  of  two  thousand  ($2000)  dollars,  payable  in 
equal  monthly  installments,  out  of  the  Treasury  of  said  city,  which 
salary  shall  be  in  full  compensation  for  all  services  rendered  by  him. 


^■*  CHARTER  OF  THE 

\)  t'.  r  '^?  ''"'^  "^  "''^  Prosecuting  Attorney  to  attend  the  sessions 
inr  n  ,hl  T'  '  T"."^".''  °"  ^'^^''  °^  *'^^-  P^°P'^  ^"  prosecutions 
K  ^  °u  *"'  °^  ""'''"''  '^'^  ^^"'■^  ^^s  jurisdiction.  He  shall  give 
a  bond  m  the  sum  of  three  thousand  dollars,  with  at  least  two  sureties 
o  be  approved  by  the  Mayor,  conditioned  for  the  faitliful  discharge  ot 
the  duties  of  his  office. 

Sec  7.  All  fines  and  other  moneys  collected  on  behalf  of  the 
city  m  the  Police  Court  shall  be  paid  into  the  City  Treasury  on  the 
hist  Ttiesday  of  each  month,  and  all  bills  for  fees  and  for  costs  due 

montlf '""'  ^°""  '^'"  ^'  '^P°'''^  '°  '•''  ^''''  ^°""^''  ^^^'' 

Sec.  8.  Rooms  and  Dockets.-The  City  Council  shall  furnish  a 
suitable  room  for  the  holding  of  said  Court,  and  shall  also  furnish  the 
necessary  dockets  and  blanks.  One  docket  shall  be  styled  -The  City 
Criminal  Docket/'  in  which  all  the  criminal  business  shall  be  recorded 
and  each  case  shall  be  alphabetically  indexed.  Another  docket  shnU 
be  styled  The  City  Civil  Docket,"  and  it  shall  contain  each  and  every 
cml  case  in  which  the  city  is  a  party,  or  which  is  prosecuted  or  de- 
•ended  in  her  interest,  and  each  case  shall  be  properly  indexed. 

Sec.  9.  The  Police  Court  shall  always  be  open,  except  on  non- 
judicial days,  and  then  for  such  purposes  only  as  by  law  permitted  or 
required  of  other  Courts  of  this  State. 

^  Sec.  10.  Appeals  may  be  taken  from  any  judgment  of  said  Police 
J^ourt  to  the  Superior  Court  of  the  county  in  which  said  city  may  be 
k)cated,  m  the  same  manner  in  which  appeals  are  taken  from  Justice's 
Courts  ih  like  cases. 

[Note— See  Sections  1466  to  1470  Penal  Code.] 

',  ,.^^%^^'  ^"  ^"  ^^^^^  °^  imprisonment  of  persons  convicted  in  said 
lohce  Court  of  any  oflfense  committed  in  the  citv,  and  persons  so  to 
be  imprisoned,  or  by  ordinance  required  to  labor,  shall  be  imprisoned 
in  the  city  jail,  or  if  required  to  labor  shall  labor  in  the  city. 

Sec.  12.     Said  Court  shall  hkve  a  seal,  to  be  furnished  by  the  city. 

Sec.  13.  City  Cases— The  City  Justices  shall,  on  the  first  Tuesday 
..1  each  month,  make  to  the  City  Council  a  full  and  complete  report 
ot  all  cases,  civil  and  criminal,  in  which  the  city  has  an  interest  or 
which  are  required  to  be  entered  in  the  City  Civil  Docket  of 'the 
1-ity  Criminal  Docket,  and  in  such  form  as  they  may  require. 

Sec.  14.  Certified  transcript  of  the  dockets  made  by  the  Clerk  ot 
said  Court  under  the  seal  cf  said  Court,  shall  be  evidence  in  any  Court 
ot  this  State  of  the  contents  of  said  docket;  and  all  warrants  and 
other  process  issued  out  of  said  Court,  and  all  acts  done  by  said 
Court  and  certified  under  its  seal,  shall  have  the  same  force  ana 
validity  in  any  part  of  this  State  as  though  issued  or  done  by  any 
Court  of  Record  of  this  State. 


CITY  OF  OAKLAND,  CAL.  35 

Sec.  15.  This  act  shall  be  in  force  and  effect  from  and  after  its 
passage.] 

Sec.  58.  The  Police  and  Fire  Commissioners  shall  designate  a 
policeman  who  shall  always  attend  on  the  Police  Court  and  act  as 
bailiff  thereof. 

[By  ordinance  No.  1884  additional  duties  have  been  imposed  upon 
the  Bailiff  and  he  has  been  made  a  Captain  of  Police.] 

[Justices'  Court.] 

[Note — For  the  general  law  establishing  the  City  Justices'  Courts, 
see  Sec.  103,  Code  of  Civil  Procedure,  held  constitutional  in  58  Cal. 
572,  576.  The  City  Justices  are  elected  at  the  general  election  in  No- 
vember of  even  numbered  years.  See  58  Cal.  558,  572.  As  to  jurisdic- 
tion, salary,  reports  and  payment  of  fees  into  Treasury,  see  Sees.  103, 
112- 1 1 5,  C.  C.  P.     As  to  salary  warrants,  see  Stats.  1883,  p.  63.] 

Sec.  59.  Two  City  Justices  of  the  Peace  shall  be  elected,  whose 
terms  of  oftice  shall  be  two  years.  Their  Courts  shall  always  be  open, 
legal  holidays  excepted. 

Sec.  60.  The  Justices'  Court  and  the  Justices  thereof  shall  havt 
the  powers  and  jurisdiction  which  are  now  or  may  be  prescribed  and 
conferred  by  law  upon  the  City  Justices  of  the  Peace  and  City  Jus- 
tices' Courts,  provided,  however  that  within  the  corporate  limits  or 
the  city  the  City  Justices  of  the  Peace  and  City  Justices'  Courts  shall 
have  exclusive  jurisdiction  and  power  over  all  matters,  actions  and 
things  which  are*now  or  may  be  conferred  by  law  upon  Justices  of  the 
Peace;  and  provided,  further,  that  they  shall  not  have  the  power  to 
try  or  decide  any  public  offenses  whereof  the  Police  Court  of  said  city 
has  jurisdiction. 

Sec.  61.  Each  Justice  of  the  Peace  shall  pay  to  the  Treasurer  ot 
said  city,  on  the  first  Monday  of  each  month,  all  fines  by  him  collected, 
and  all  fees  which  are  by  law  chargeable  for  services  rendered  by  him, 
accompanied  by  a  verified  written  report,  showing  the  amount  thereof, 
from  whom  and  in  what  case  such  fines  and  fees  were  collected  and 
paid.  A  copy  of  this  report  shall,  at  the  same  time,  be  filed  with  the 
Auditor.  All  such  fines  and  fees  shall  go  to  the  credit  of  the  Genera! 
Fund. 

Sec.  62.  The  Justices'  Courts  herein  provided  for  are  intended  to 
be  the  Justices'  Courts  provided  for  by  general  law,  and  nothing 
herein  contained  shall  be  construed  to  authorize  the  election  of  more 
than  two  Justices  of  the  Peace  for  the  city. 


36 


CHARTER  OF  THE 

ARTICLE    Vl. 
Department  of  Public  Works. 


CHAPTER  I. 

Sec.  63.  There  shall  be  a  Department  of  Public  Works,  under  the 
management  of  three  Commissioners,  who  shall  constitute  the  Board 
of  Public  Works.  The  Commissioners  shall  consist  of  the  Mayor, 
City  Attorney  and  City  Engineer.  The  Mayor  shall  receive  no  com- 
pensation for  services  rendered  as  such  Commissioner.  The  City 
Attorney  and  City  Engineer  shall  receive,  in  addition  to  their  res- 
pective salaries,  a  yearly  salary  of  six  hundred  dollars  each  as  com- 
pensation for  their  services  as  members  of  the  Board  of  Public  Works. 

[Note. — This  section,  together  v^rith  Section  7,  46  and  72,  was 
amended  at  an  election  held  January  26,  1895,  and  such  amendment  was 
approved  by  the  Legislature  January  31,  1895.  The  original  Section 
6:^  was  as  follows:  There  shall  be  a  Department  of  Public  Works,  under 
the  management  of  three  Commissioners,  who  shall  constitute  the 
Board  of  Public  Works.  The  Commissioners  shall  be  appointed  by 
the  Mayor  from  among  the  qualified  electors  of  the  city.  Their  terms 
of  office  shall  be  four  years,  and  not  more  than  two  shall  belong  to 
the  same  political  party.  The  Commissioners  first  appointed  shall  at 
their  first  meeting  so  classify  themselves  by  lot  that  one  of  them  shall 
go  out  of  ofifice  in  two  years,  one  in  three  years,  and  one  in  four  years.] 

Sec.  64.  Immediately  upon  their  appointment  and  qualification, 
the  Commissioners  shall  organize  as  a  Board  and  elect  one  of  their 
number  President,  who  shall  hold  his  ofifice  for  the  term  of  one  year; 
and  they  shall  elect  a  Secretary,  who  shall  not  be  a  member  of  the 
Board.  The  Board  shall  establish  rules  and  regulations  governing  its 
proceedings,  and  for  the  regulation  and  conduct  of  its  officers,  clerks 
and  employes;  and  may  require  bonds  from  any  of  its  subordinates  for 
the  faithful  performance  of  their  duties. 

Sec.  65.  The  Board  shall  hold  a  regular  meeting  once  in  each 
week,  and  special  meetings  at  such  other  times  as  it  may  appoint,  or 
of  which  the  President  may  give  notice.  The  regular  meetings  shall 
be  held  on  a  day  and  at  an  hour  fixed  by  resolution  entered  upon  its 
records,  and  which  shall  not  be  changed  except  by  similar  resolution, 
of  which  notice  shall  be  posted  for  two  weeks.  The  meetings  of  the 
Board  shall  be  public.  Two  members  shall  constitute  a  quorum,  and 
the  affirmative  votes  of  two  members  shall  be  necessary  to  pass  any 


CITY  OF  OAKLAND,  CAL.  37 

order  or  resolution.  No  business  shall  be  transacted  at  a  special  or 
adjourned  meeting  of  the  Board,  except  such  as  may  have  been  made 
the  special  order  of  business  for  such  meeting,  or  such  as  may  have 
been  under  consideration  at  the  meeting  from  which  the  adjournment 
was  had,  or  such  as  may  have  been  specified  in  the  notice  of  the  meeting. 
Sec.  66.  The  Board  shall  cause  to  be  kept  a  record  of  its  pro- 
ceedings; and  shall  keep  all  maps,  plans,  specifications,  estimates,  con- 
tracts, certificates,  receipts,  surveys,  field  notes,  and  profiles  belonging 
to  the  city  and  all  papers  pertaining  to  the  transactions  of  the  Board. 
It  may,  when  it  shall  deem  it  expedient,  and  shall,  when  requested  by 
the  Council  or  the  Board  of  Education  or  the  Mayor,  furnish  such  data 
or  information  as  may  be  requested. 

Sec.  (i"].  The  Secretary  of  the  Board  shall  keep  a  record  of  its 
transactions,  specifying  therein  the  names  of  the  Commissioners  pres- 
ent at  the  meetings,  and  giving  the  ayes  and  noes  upon  all  votes. 
Every  order  or  resolution  shall  be  recorded  at  length,  and  the  record 
shall  be  approved  by  the  Board.  The  Secretary  shall  cause  the  publi- 
cation of  all  notices  herein  authorized  to  be  published,  or  which  the 
Board  shall  order  to  be  published,  and  shall  perform  such  other  duties 
as  the  Board  may  from  time  to  time  prescribe. 

Sec.  68.  The  Board  may  appoint  such  employes  as  are  herein 
provided  for,  or  as  may  be  authorized  by  the  Council. 

The  salaries  of  all  officers,  clerks  and  employes  of  the  Board, 
except  so  far  as  the  same  are  designated  in  this  Charter,  shall  be  fixed 
from  time  to  time  by  the  Council  in  its  discretion,  on  recommenda- 
tions by  the  Board. 

Sec.  69.  The  Board  shall,  immediately  after  its  organization,  take 
possession  and  have  the  custody  and  control  of  all  maps,  surveys,  field 
notes,  records,  plans,  specifications,  contracts,  models,  machinery, 
tools,  appliances,  contract  rights,  privileges,  books,  documents,  papers, 
archives,  and  property  belonging  to  said  city,  heretofore  kept  by  or  in 
the  offices  of  the  City  Engineer,  the  City  Marshal  and  the  Wharfinger. 
Sec.  70.  The  Board  shall  have  charge  and  Superintendence  of  all 
public  work  of  every  kind,  not  otherwise  controlled  by  general  laws, 
to  be  done  for  the  city  or  for  the  Board  of  Education  or  any  other 
department,  and  also  of  the  furnishing  of  all  material  and  supplies  for 
public  use,  or  for  the  use  of  the  Board  of  Education  or  for  any  other 
department,  except  as  otherwise  provided  in  this  Charter.  It  shall  be 
the  duty  of  the  Board  vigilantly  to  inspect  all  parts  of  the  city  and  to 
recommend  from  time  to  time  to  the  Council  such  work  as  it  shall 
deem  necessary  or  proper. 

Sec.  71.  The  Board  shall  have  special  charge,  superintendence  and 
control,  subject  to  such  ordinances  as  the  Council  may  from  time  to 
time  adopt,  of  the  harbor  and  water  front,  and  of  all  streets,  sidewalks, 
highways,  roads,  bridges,  wharves,  parks  and  public  places  belonging 
to  the  city,  or  dedicated  to  public  use,  and  of  the  improvement  and 


38  CHARTER  OF  THE 

repair  thereof;  of  all  sewers,  drains  and  cesspools,  and  the  work  per- 
taining hereto,  or  to  the  drainage  of  the  city;  of  the  cleaning  of  streets 
and  of  all  repairs  upon  accepted  streets-;  of  the  construction  and  repair 
of  all  public  buildings,  and  the  making  of  all  public  improvements  for 
the  city,  or  under  its  authority,  and  of  the  repairs  of  such  improve- 
ments; of  all  lamps  and  lights  for  the  lighting  of  streets,  parks,  public 
places  and  public  buildings  of  the  city,  and  of  the  erection  of  all  posts 
for  such  lamps  and  lights,  and  of  all  public  works  and  improvements 
hereafter  to  be  done  by  the  city. 

The  Board  shall  have  exclusive  avuhority  to  prescribe  rules  and 
grant  permits  in  conformity  with  the  ordinances  of  the  city  for  the 
moving  of  buildings  through  the  streets  thereof,  and  the  building  or 
placing  of  cellars  or  vaults  under  the  streets  or  sidewalks  and  the  con- 
struction of  entrances  thereto;  the  construction  of  steps  or  other  ap- 
proaches to  buildings  upon  the  sidewalks,  and  of  railings  and  fences 
inclosing  areas  upon  the  sidewalks;  the  putting  up  of  signs  and  awnings, 
the  location  of  steam  boilers;  the  laying  down  and  construction  of 
railroad  tracks  in  the  streets;  the  erection  of  telegraph  and  telephone 
poles,  and  poles  for  electric  lightipg  or  other  electrical  purposes,  and 
the  laying  of  telegraph  or  telephone  wires,  and  wires  for  electric  light- 
ing or  other  electrical  purposes;  the  construction  of  drains  and  sewers; 
the  laying  down  and  taking  up  of  gas,  steam  and  water  pipes,  pneu- 
matic or  other  tubes  or  pipes  and  sewers  and  drains,  and  determining 
the  location  thereof;  the  use  of  the  street  or  any  portion  thereof  for  the 
deposit  of  building  material  in  front  of  a  building  during  its  construc- 
tion or  repair,  or  for  any  purpose  other  than  such  as  ordinarily  and 
properly  belongs  to  the  public  from  the  dedication  thereof  to  public 
use. 

The  Board  shall  have  full  power  to  regelate  and  control,  subject 
to  the  ordinances  of  the  city,  the  anchorage  of  vessels  in  San  An- 
tonio creek  or  elsewhere  within  the  limits  of  the  city;  the  manner  of 
using  the  streets,  sidewalks,  wharves,  harbor,  parks  and  public  places, 
and  to  prevent  and  remove  obstructions  therefrom,  and  to  cause  the 
prompt  repair  of  the  streets,  sidewalks  and  public  places  when  the 
same  may  be  taken  up  or  altered.  The  Board  is  authorized  to  collect, 
by  suit  or  otherwise,  in  the  name  of  the  city,  the  expense  of  such  repairs 
from  the  person  or  persons  by  whom  such  street  or  sidewalk  was 
injured  or  torn  up.  The  Board  shall  regulate,  subject  to  the  require- 
ments of  the  Board  of  Health  and  the  ordinances  of  the  Council,  the 
construction  of  sinks,  gutters,  wells,  cesspools  and  privy  vaults,  and 
compel  the  cleaning  or  emptying  of  the  same,  and  regulate  the  time 
and  manner  in  which  the  work  shall  be  done. 

Sec.  72.  The  City  Engineer  shall  perform  all  civil  engineering 
and  surveying  required  in  the  prosecution  of  the  public  works  and 
improvements  done  under  the  direction  of  the  Board  of  Public  Work",, 
and  shall  certify  to  the  progress  and  completion  of  the  same,  and  do 


CITY  OF  OAKLAND,  CAL.  39 

such  other  work  pertaining  to  his  profession  as  he  may  be  directed  to 
do  by  the  Board  ol  FubUc  Works  or  the  City  Council  or  by  any  gen- 
eral law  of  the  State  of  California.  He  shall  possess  the  same  power 
in  the  city  in  making  surveys,  plats  and  certificates  as  is  or  may  be 
from  time  to  lime  given  by  law  to  the  County  Surveyor,  and  his 
official  acts,  and  all  plats,  surveys  and  certificates  made  by  him,  shali 
have  the  same  validity  and  be  of  the  same  force  and  effect  as  are  and 
may  be  given  by  law  to  those  of  the  County  Surveyor.  Wi.h  the  con- 
sent and  approval  of  the  Board  of  Public  Works,  the  City  Engineei 
may  appoint  such  deputies  as  the  duties  of  his  office  may  require,  the 
number  of  such  deputies,  however,  not  to  exceed  the  number  that 
may  be  fixed  from  time  to  time  by  the  Council. 

[Note. — This  section,  together  with  Sections  7,  46  and  63,  was 
amended  at  an  election  held  January  26,  1895,  and  such  amendment 
was  approved  by  the  Legislature  January  31,  1895.  The  original  Sec- 
tion 72  was  as  follows: 

The  Board  shall  appoint  a  civil  engineer,  who  shall  have  had  at 
least  ten  j-ears'  practical  experience  as  such,  who  shall  be  designated 
City  Engineer.  He  shall  perform  all  civil  engineering  and  surveying 
required  in  the  prosecution  of  the  public  works  and  improvements 
done  under  the  direction  of  the  Board,  and  shall  certify  to  the  progress 
and  completion  of  the  same,  and  do  such  other  work  pertaining  to 
his  profession  as  he  may  be  directed  to  do  by  the  Board  or  by  the 
Council  or  by  any  general  law  of  the  State  of  California.  He  shall 
possess  the  same  power  in  the  city  in  making  surveys,  plats  and  certifi- 
cates as  is  or  may  be  from  time  to  time  given  by  law  to  the  County 
Surveyor;  and  his  official  acts,  and  all  plats,  surveys  and  certificates 
made  by  him  shall  have  the  same  validity  and  be  of  the  same  force 
and  effect  as  are  or  may  be  given  by  law  to  those  of  County  Sur- 
veyor. With  the  consent  and  approval  of  the  Board,  the  City  Engin- 
eer may  appoint  such  deputies,  not  exceeding  the  number  that  may  b» 
fixed  by  the  Council,  as  the  duties  of  his  office  may  require.] 

Sec.  73.  The  Board  shall  appoint  a  Superintendent  of  Streets, 
whose  duty  shall  be  to  see  that  the  laws,  ordinances,  orders  and  regu- 
lations relating  to  the  public  streets  and  highways  be  fully  carried  into 
execution,  and  that  the  penalties  thereof  are  rigidly  enforced.  He 
shall  superintend  and  direct  the  cleaning  of  all  sewers,  and  keep  him- 
self informed  of  the  condition  of  all  the  public  streets  and  highway.s, 
and  also  of  all  public  buildings,  parks,  lots  and  grounds  of  the  city, 
and  report  the  same  to  the  Board,  and  shall  perform  such  other 
duties  as  are  hereinafter  specified,  or  as  the  Board  may  require  of  him. 
and  he  shall  have  the  power  and  shall  perform  the  duties  required  of 
the  Superintendent  of  Streets  by  the  Act  of  the  Legislature  of  the 
State  of  California  entitled  "An  Act  to  Provide  for  Work  Upon 
Streets,  Lanes,  Alleys,  Courts,  Places  and  Sidewalks,  and  for  the 
Construction  of  Sewers  Within  Municipalities,"  approved  March  18, 


40  CHARTliR  OF  THE 

1885,  or  by  any  Acts  amendatory  thereof,  supplementary  thereto,  or 
substituted  therefor.  He  shall  keep  a  public  oihce  in  some  convenient 
place  within  the  city,  and  shall  keep  therein  the  records  of  his  office 
and  a  register  of  all  streets  accepted  by  the  city,  with  an  index  for  easy 
reference.  He  shall,  before  entering  upon  the  duties  of  his  ofhce,  give 
bonds  to  the  city,  with  such  sureties  and  for  such  sum  as  may  be 
required  by  the  Council;  and  should  he  fail  to  see  the  laws,  ordinances 
and  regulations  relating  to  the  public  streets  and  highways  carried 
into  execution  after  notice  from  any  citizen  of  a  violation  thereof,  he 
and  his  sureties  shall  be  liable  upon  his  official  bond  to  any  person 
injured  in  person  or  property  in  consequence  of  said  official  neglect. 

Sec.  74.  The  Board  may,  whenever  it  shall  deem  it  advisable, 
appoint  an  architect,  who,  under  the  direction  and  control  of  the 
Board,  shall  prepare  plans  and  specifications  of  the  work  to  be  done, 
make  necessary  drawings  and  estimates  of  cost  for  the  same,  judge  ot 
and  determine  the  quality  and  durability  of  the  materials  that  may  be 
furnished  for  the  construction  or  repair  of  any  public  building,  and 
approve  of  or  reject  the  same,  and  take  special  care  that  all  work  be 
done  in  a  good,  substantial  and  workmanlike  manner,  and  in  accord- 
ance with  the  drawings,  plans  and  specifications. 

Sec.  75.  The  Board  may,  also,  whenever  it  shall  deem  the  same 
advisable,  appoint  a  Superintendent  of  Public  Works,  who  shall  be  a 
master  builder,  and  who  shall,  when  any  public  building  is  in  the 
course  of  construction  or  of  repair,  or  when  any  materials  to  be  used 
in  its  construction  or  in  its  repair  are  being  furnished,  be  in  attend- 
ance  at  said  building  and  see  that  the  work  is  done  in  a  good,  sub- 
stantial and  workmanlike  manner,  and  that  the  materials  used  or  fur- 
nished are  of  the  description,  quality  and  quantity  called  for  by  the 
specifications  and  contract.  All  work  upon  public  buildings  under  the 
control  of  said  Board  shall  be  done  under  the  immediate  supervision 
of  said  Superintendent,  and  all  materials  used  in  the  construction  or 
repair  thereof  shall  be  furnished  under  his  immediate  supervision. 

Sec.  ^6.  All  officers,  employes  and  agents  appointed  by  the  Board 
shall  hold  office  during  the  pleasure  of  the  Board. 

[Note — Compare  Sec.  206  post.] 

Sec.  'JT.  The  Board  of  Public  Works  shall,  within  the  time  speci- 
fied in  the  requisitions  made  upon  it  by  the  Council  or  by  the  Board 
of  Education  or  other  department  of  the  city  thereunto  authorized, 
procure  and  cause  to  be  done  such  construction,  improvement,  ad- 
dition or  repairs  and  printing  and  other  work  of  any  kind  as  may  be 
required  of  it. 

Sec.  78.  All  public  work  authorized  by  the  Council  to  be  done 
under  the  supervision  of  the  Board  and  not  within  the  provisions  of 
the  general  law  of  the  State  of  California  operating  thereon  and  all 
work  for  which  the  Board  of  Education  shall  make  requisition  upon 


CITY  OF  OAKLAND,  CAL.  41 

the  Board  of  Public  Works,  shall  be  done  under  written  contract, 
except  in  case  of  urgent  necessity  as  hereinafter  provided.  Before 
awarding  any  contract  for  doing  work  authorized  by  this  chapter,  the 
Board  shall  cause  notice  inviting  sealed  proposals  for  the  contemplated 
work  to  be  posted  conspicuously  in  its  office  and  published  for  not  less 
than  five  days;  and  in  case  that  the  estimated  cost  of  the  work  exceed 
$5000,  to  be  so  posted  and  published  for  not  less  than  twenty  days; 
except  that  when  any  repair  or  improvement  not  exceeding  an  estu 
mated  cost  of  two  hundred  dollars,  shall  be  deemed  of  urgent  neces- 
sity by  the  Board,  such  repair  or  improvement  may  be  made  by  the 
Board  under  written  contract  or  otherwise,  without  advertising  for 
sealed  proposals. 

Sec.  79.  Said  advertisement  and  notice  shall  invite  sealed  pro- 
posals, to  he  delivered  at  a  certain  day  and  hour  at  the  office  of  the 
Board,  for  furnishing  the  materials  for  the  proposed  work,  or  for  doing 
said  work,  or  for  both,  as  may  be  deemed  best  by  the  Board,  and 
shall  contain  a  general  description  of  the  work  to  be  done,  the  mater- 
ials to  be  furnished,  the  time  within  which  the  work  is  to  be  com- 
menced, and  when  to  be  completed,  and  the  amount  of  bonds  to  be 
given  for  the  faithful  performance  of  the  contract,  and  shall  refer  to 
plans  and  specifications  on  file  in  the  office  of  the  Board  for  full  de- 
tails and  description  of  said  work  and  materials. 

Sec.  80.  All  proposals  shall  be  made  upon  printed  forms,  to  be 
prepared  by  the  Board  and  furnished  gratuitously  upon  application, 
with  a  form  for  the  affidavit  hereinafter  provided  for,  printed  thereon. 
Each  bid  shall  have  thereon  the  affidavit  of  the  bidder  that  his  bid 
is  genuine,  and  not  sham  or  collusive  or  made  in  the  interest  or  on 
behalf  of  any  person  not  therein  named,  and  that  the  bidder  has  not 
directly  or  indirectly  induced  or  solicited  any  other  bidder  to  put  in 
a  sham  bid,  or  any  other  person  or  corporation  to  refrain  from  bid- 
ding, and  that  the  bidder  has  not  in  any  manner  sought  by  collusion 
to  secure  to  himself  an  advantage  over  other  bidders.  Any  bid  made 
without  such  affidavit  or  in  violation  thereof  shall  be  absolutely  void, 
and  also  any  contract  let  thereunder.  If  at  any  time  discovery  shall 
be  made  that  a  contract  has  been  let  to  a  bidder  who  has  violated  or 
evaded  this  oath,  the  contract  shall  be  cancelled  and  no  recovery  shall 
be  had  thereon,  and  the  Board  shall  at  once  proceed  as  before  to  award 
a  new  contract.  All  bids  shall  be  clearly  and  distinctly  written,  with- 
out any  erasure  or  interlineation,  and  if  any  bid  shall  have  any  erasure 
or  interlineation,  it  shall  not  be  received  or  considered  by  the  Board. 

All  proposals  offered  shall  be  accompanied  by  a  check,  cert'fied  by 
a  responsible  bank,  payable  to  the  order  of  the  Clerk  of  the  Council, 
for  an  amount  not  less  than  ten  per  cent  of  the  aggregate  of  the  pro- 
posal; and  no  proposal  shall  be  considered  unless  accompanied  by  such 
check. 


42  CHARTER  OF  THE 

No  person,  corporation  or  firm  shall  be  allowed  to  make,  file  or  b- 
mterested  m  more  than  one  bid  for  the  same  work.  If  on  the  opening 
of  said  bids  more  than  one  bid  appear  in  which  the  same  person,  cor- 
poration or  firm  is  interested,  all  such  bids  shall  be  rejected. 

Sec.  8i.     On  the  day  and  at  the  hour  specified  in  said  notice  invit- 
ing sealed  proposals,  the  Board  shall  assemble  and  remain  in  session 
for  at  least  one  hour  thereafter,  and  all  bids  shall  be  delivered  to  the 
Board  by  the  bidder  or  his  agent  while  it  is  so  in  session  and  within 
the  hour  named  in  the  advertisement.     No  bid  not  so  delivered  to  the 
Board  shall  be  considered.     Each  bid,  as  it  shall  be  received,  shall  be 
numbered  and  marked  "Filed"  by  the  President  and  authenticated  by 
his  signature.     At  the  expiration  of  the  hour  stated  in  the  advertise- 
ment within  which  the  bids  will  be  received,  the  Board  shall,  in  open 
session,  open,  examine  and  publicly  declare  the  same,  and  an  abstract 
of  each  bid  shall  be  recorded  in  the  minutes  of  the  Board  by  the  Sec- 
retary.    Before  adjourning,  the  Board  shall  compare  the  bids  with  the 
record  made  by  the  Secretary,  and  shall,  thereupon,  at  said  time,  or  at 
such  other  time,  not  exceeding  twenty  days  thereafter,  as  the  Board 
may  adjourn  to,  award  the  contract  to  the  lowest  bidder,  except  as 
otherwise  herein  provided.     Notice  of  such  award  shall  forthwith  be 
posted  for  five  days  by  the  Secretary  of  the  Board  in  some  conspicuous 
place  in  the  office  of  the  Board. 

The  Board  may  reject  any  and  all  bids,  and  must  reject  the  bid  of 
any  party  who  has  been  delinquent  or  unfaithful  in  any  former  con- 
tract with  the  city,  and  all  bids  other  than  the  lowest  regular  bid;  and 
on  accepting  said  lowest  bid,  shall  thereupon  return  to  the  proper 
parties  the  checks  corresponding  to  the  bids  so  rejected.  If  all  the 
bids  are  rejected,  the  Board  shall  return  all  the  checks  to  the  proper 
parties,  and  again  invite  sealed  proposals,  as  in  the  first  instance. 

The  check  accompanying  the  accepted  bid  shall  be  held  by  the 
Secretary  of  the  Board  until  the  contract  for  doing  said  work,  as  here- 
inafter provided,  has  been  entered  into,  whereupon  said  certified  check 
shall  be  returned  to  said  bidder. 

If  said  bidder  fails  or  refuses  to  enter  into  the  contract  to  do  said 
work  as  hereinafter  provided,  then  the  certified  check  accompanying 
his  bid,  and  the  amount  therein  mentioned,  shall  be  forfeited  to  the 
city  and  shall  be  collected  and  paid  into  the  Street  Department  Fund 
Neither  the  Board  of  Public  Works  nor  the  Council  nor  the  Board 
of  Education  shall  hae  power  to  relieve  from  or  remit  such  forfeiture. 

Sec.  82.  If  at  any  time  it  shall  be  found  that  the  person  to  whom 
a  contract  has  been  awarded  has,  in  presenting  any  bid  or  bids,  col- 
luded with  any  other  party  or  parties,  for  the  purpose  of  pFeventing 
any  other  bid  being  made,  then  the  contract  so  awarded  shall  be  null 
and  void,  and  no  recovery  shall  be  had  thereon,  and  the  Board  shall 
advertise  for  a  new  contract  for  said  work. 


CITY  OF  OAKLAND,  CAL.  43 

Sec.  83.  All  contracts  shall  be  drawn  under  the  supervision  of  the 
City  Attorney,  and  shall  contain  detailed  specifications  of  the  work  to 
be  done,  the  manner  in  which  it  shall  be  executed,  and  the  quality  ot 
the  materials  to  be  used.  No  change  or  modification  in  the  plans  or 
specifications  shall  be  made  after  proposals  for  doing  the  work  have 
been  called  for. 

Every  contract  entered  into  by  the  Board  shall  be  signed  by  at 
least  two  of  the  members  thereof,  and  by  the  other  contracting  party. 
All  contracts  shall  be  signed  in  triplicate,  one  of  which,  with  the  speci- 
fications and  drawings,  if  any,  of  the  work  to  be  done,  and  the  mater- 
ials to  be  furnished,  shall  be  filed  with  the  Board  of  Education,  where 
the  work  is  done  upon  requisition  of  that  Board,  and  in  other  cases 
with  the  City  Clerk;  one  thereof,  with  said  specifications  and  drawings, 
shall  be  kept  in  the  office  of  the  Board,  and  the  other,  with  said  speci- 
fications and  drawings,  shall  be  delivered  to  the  contractor. 

At  the  same  time  with  the  execution  of  said  contract,  said  con- 
tractor shall  execute  to  said  city,  and  deliver  to  the  Secretary  of  the 
Board,  a  bond  in  the  sum  named  in  the  notice  for  proposals,  with  two 
or  more  sufficient  sureties  to  be  approved  by  the  Board;  or  shall 
deposit  with  the  Secretary  a  certified  check  upon  some  solvent  bank 
for  said  amount,  for  the  faithful  performance  of  said  contract.  No 
surety  on  any  bond  shall  be  taken  unless  he  be  a  resident  and  house- 
holder or  freeholder  within  the  State,  and  worth  the  sum  specified  m 
the  bond,  over  and  above  all  his  just  debts  and  liabilities,  exclusive  of 
property  exempt  from  execution;  and  each  surety  shall  justify  and  make 
and  sign  an  affidavit  to  that  eflfect,  of  which  affidavit  a  form  shall  be 
printed  upon  the  bond.  But  when  the  amount  specified  in  the  bond 
exceeds  $3000,  and  there  are  more  than  two  sureties  thereon,  they  may 
state  in  their  affidavits  that  they  are  severally  worth  amounts  less  than 
that  expressed  in  the  bond,  if  the  whole  amount  be  equivalent  of  two 
sufficient  sureties. 

The  contract  shall  specify  the  time  within  which  the  work  shall 
be  commenced,  and  when  to  be  completed,  as  was  specified,  in  the 
notice  inviting  proposals  therefor.  Upon  the  recommendation  of  the 
Board  the  Council  may  extend  said  time;  but  in  no  event  shall  the 
time  for  the  performance  of  said  contract  be  extended  by  the  Council 
more  than  ninety  days  beyond  the  time  originally  fixed  for  its  com- 
pletion. In  case  of  failure  on  the  part  of  the  contractor  to  complete 
his  contract  within  the  time  fixed  in  the  contract,  or  within  such  exten- 
sion of  said  time  as  is  hereip  provided,  his  contract  shall  be  void,  and 
the  Council  shall  not  pay  or  allow  to  him  any  compensation  for  any 
work  done  by  him  under  said  contract. 

Sec.  84.  The  Board  of  Public  Works  shall,  within  the  time  speci- 
fied in  the  requisitions  made  upon  it  by  the  Council  or  by  the  Board 
of  Education  or  other  department  of  the  city  thereunto  authorized, 
procure  and  furnish  such  material  and  supplies  as  may  be  required 


44  CHARTER  OF  THE 

of  it.  The  Board  of  Public  Works  shall  invite  sealed  proposals  for 
furnishing  the  material  and  supplies  so  required  by  notices  to  be 
posted  conspicuously  in  its  office  and  published  for  five  days,  and  in 
case  the  estimated  cost  exceed  $5000,  to  be  so  posted  and  published 
for  ten  days,  and  shall  award  contracts  therefor  to  the  lowest  bidaer 
upon  his  giving  security  satisfactory  to  the  Board. 

Sec.  85.  The  notices  inviting  proposals  for  work  to  be  done  and 
materials  and  supplies  to  be  furnished  as  provided  for  in  this  chapter 
shall  specify  for  what  department  the  requisition  is  made  and  shall 
require  the  work  done  and  the  materials  and  supplies  furnished  to  be 
subject  to  thej  approval  of  such  department;  and  all  contracts  must 
contain  a  provision  to  that  effect,  and  also  to  the  effect  that  the  work 
done  and  material  and  supplies  furnished  must  be  in  accordance  with 
the  specifications  and  to  the  satisfaction  of  the  Board  of  Public  Works. 
When  said  work  shall  have  been  completed  or  material  and  supplies 
furnished  to  the  satisfaction  of  the  Board  of  Public  Works,  it  shall  so 
declare  by  resolution  and  shall  deliver  to  the  contractor  a  certificate  to 
that  effect. 

Sec.  86.  The  Commissioners  shall  not,  nor  shall  either  of  them, 
or  any  person  employed  in  said  Department,  be  interested,  directly  or 
indirectly,  in  any  contract  for  work,  labor  or  material  entered  into  by 
the  Board;  nor  shall  either  of  such  commissioners,  officers  or  employes 
be  allowed  to  receive  any  gratuity  or  advantage  from  any  contractor, 
laborer  or  person  furnishing  labor  or  material  for  the  same.  Any 
contract  made  in  violation  of  any  of  the  provisions  of  this  section 
shall  be  void;  and  the  receipt  of  any  such  gratuity  shall  be  cause  for 
the  immediate  removal  from  office,  or  from  employment,  of  the  person 
so  receiving  it,  and  he  shall  be  forever  disqualified  from  holding  any 
position  in  the  service  of  the  city. 

[Note. — As  to  summary  proceedings  for  removal  of  officers,  see 
Sees.  758  to  772,  Penal  Code.] 


CHAPTER  II— OPENING  OF  STREETS. 

[Note. — The  provisions  of  this  Chapter,  embracing  Sections  87  to 
100,  inclusive  of  the  Charter,  as  adopted,  were  inconsistent  and  in  con- 
flict with  general  law  and  therefore  void,  as  decided  by  the  Supreme 
Court  in  the  case  of  Davies  vs.  Los  Angeles,  85,  Cal.  37.  They  are 
therefore  omitted  in  this  compilation.  The  law  app'icable  to  the  open- 
ing of  streets  in  this  city  is  to  be  found  in  Stats.  1889,  p.  70.  The  Act 
of  1893  (Stat.  1893,  p.  220)  was  held  by  the  Superior  Court  of  Ala- 
meda County,  Ellsworth  J.,  to  be  unconstitutional.  The  said  Act  of 
l88g  is  as  follows: 


CITY  OF  OAKLAND,  CAL.  45 

An  Act  to  provide  for  laying  out,  opening,  extending,  widening, 
straightening,  or  closing  up  in  whole  or  in  part  any  street,  square, 
lane,  alley,  court  or  place  within  municipalities,  and  to  condemn  and 
acquire  any  and  all  land  and  property  necessary  or  convenient  for  that 
purpose. 

[Approved  March  6,  1889,  Statutes  1889,  p.  70.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  i.  Whenever  the  public  interest  or  convenience  may  re- 
quire, the  City  Council  of  any  municipality  shall  have  full  power  and 
authority  to  order  the  opening,  extending,  widening,  straightening, 
or  closing  up  in  whole  or  in  part  of  any  street,  square,  lane,  alley,  court, 
or  place  within  the  bounds  of  such  city,  and  to  condemn  and  acquire 
any  and  all  land  and  property  necessary  or  convenient  for  that  purpose. 

Sec.  2.  Before  ordering  any  work  to  be  done  or  improvement 
made  which  is  authorized  by  section  one  of  this  act,  the  City  Council 
shall  pass  a  resolution  declaring  its  intention  to  do  so,  describing  the 
work  or  improvement,  and  the  land  deemed  necessary  to  be  taken 
therefor,  and  specifying  the  exterior  boundaries  of  the  district  of 
lands  to  be  affected  or  benefited  by  said  work  or  improvement,  and  to 
be  assessed  to  pay  the  damages,  cost  and  expenses  thereof. 

Sec.  3.  The  Street  Superintendent  shall  then  cause  to  be  con- 
spicuously posted  along  the  line  of  said  contemplated  work  or  im- 
provement, at  not  more  than  three  hundred  feet  in  distance  apart,  but 
not  less  than  three  in  all,  notices  of  the  passage  of  said  resolution. 
Said  notice  shall  be  headed,  "Notice  of  public  work,"  in  letters  not 
less  than  one  inch  in  length,  shall  be  in  legible  characters,  state  the 
fact  of  passage  of  the  resolution,  its  date,  and,  briefly,  the  work  or 
improvement  proposed,  and  refer  to  the  resolution  for  further  partic- 
ulars. He  shall  also  cause  a  notice  similar  in  substance,  to  be  pub- 
lished for  a  period  of  ten  days  in  one  or  more  daily  newspapers  pub- 
lished and  circulated  in  said  city,  and  designated  by  said  City  Council; 
or,  if  there  is  no  daily  newspaper  so  published  and  circulated  in  said 
city,  then  by  four  successive  insertions  in  a  weekly  or  semi-weekly 
newspaper  so  published,  circulated  and  designated. 

Sec.  4.  Any  person  interested  objecting  to  said  work  or  improve- 
ment, or  to  the  extent  of  the  district  of  lands  to  be  affected  or  bene- 
fited by  said  work  or  improvement,  and  to  be  assesed  to  pay  the  cost 
and  expenses  thereof,  may  make  written  objections  to  the  same 
within  ten  days  after  the  expiration  of  the  time  of  the  publication  of 
said  notice,  which  objection  shall  be  delivered  to  the  Clerk  of  the 
City  Council,  who  shall  indorse  thereon  the  date  of  its  reception  by 
him,  and  at  the  next  meeting  of  the  City  Council  after  the  expiration  of 
said  ten  days,  lay  said  objections  before  said  City  Council,  which  shall 


46  CHARTER  OF  THE 

fix  a  time  for  hearing  said  objections  not  less  than  one  week  there- 
after. The  City  Clerk  shall  thereupon  notify  the  persons  making  such 
objections,  by  depositing  a  notice  thereof  in  the  post  office  of  said 
city,  postage  prepaid,  addressed  to  said  objector. 

Sec.  5.  At  the  time  specified  or  to  which  the  hearing  may  be 
adjourned,  the  said  City  Council  shall  hear  the  objections  urged  and 
pass  upon  the  same,  and  its  decision  shall  be  final  and  conclusive.  It 
such  objections  are  sustained,  all  proceedings  shall  be  stopped,  but 
proceedings  may  be  again  commenced  at  any  time  by  giving  notice 
of  intention  to  do  said  work  or  make  said  improvement.  If  such 
objection  is  overruled  by  the  City  Council,  the  proceedings  shalF  con- 
tinue the  same  as  if  such  objection  had  not  been  made.  At  the  expir- 
ation of  the  lime  prescribed  during  which  objections  to  said  work  or 
improvement  may  be  made,  if  no  objections  shall  have  been  made, 
or  if  an  objection  shall  have  been,  and  said  Council,  after  hearing, 
shall  have  overruled  the  same,  the  City  Council  shall  be  deemed  to 
have  acquired  jurisdiction  to  order  any  of  the  work  to  be  done,  or 
improvement  to  be  made,  which  is  authorized  by  section  one  of  this 
act. 

Sec.  6.  Having  acquired  jurisdiction,  as  provided  in  the  preceding 
section,  the  City  Council  shall  order  said  work  to  be  done,  and  unless 
the  proposed  work  is  for  closing  up,  and  it  appears  that  no  assessment 
is  necessary,  shall  appoint  three  commissioners  to  assess  benefits  and 
damages  and  have  general  supervision  of  the  proposed  work  or  im- 
provement until  the  completion  thereof  in  compliance  with  thi'^ 
statute.  For  their  services  they  shall  receive  such  compensation  as 
the  City  Council  may  determine  from  time  to  time;  provided,  that  such 
compensation  shall  not  exceed  two  hundred  dollars  per  month  each, 
nor  continue  more  than  six  months,  unless  extended  by  order  of  the 
City  Council.  Such  compensation  shall  be  added  to  and  be  chargeable 
as  a  part  of  the  expenses  of  the  work  or  improvement.  Each  of  said 
commissioners  shall  file  with  the  Clerk  of  the  City  Council  an  affi- 
davitt,  and  a  bond  to  the  State  of  California  in  the  sum  of  five  thousand 
dollars,  to  faithfully  perform  the  duties  of  his  office.  The  City  Coun- 
cil may  at  any  time  remove  any  or  all  of  said  commissioners  for  cause, 
upon  reasonable  notice  and  hearing,  and  may  fill  any  vacancies  occur- 
ring among  them  for  any  cause. 

Sec.  7.  Said  commissioners  shall  have  power  to  employ  such 
assistants,  legal  or  otherwise,  as  they  may  deem  necessary  and  proper; 
also,  to  rent  an  office  and  provide  such  maps,  diagrams,  plans,  books, 
stationery,  fuel,  lights,  postage,  expressage,  and  incur  such  incidental 
expenses  as  they  may  deem  necessary. 

Sec.  8.  All  such  charges  and  expenses  shall  be  deemed  as  ex- 
penses of  said  work  and  improvement,  and  be  a  charge  only  upon 
the  funds  devoted  to  the  particular  work  or  improvement  as  provided 
hereinafter.    All   payments   as   well   for  the  land   and  improvements 


CITY  OF  OAKLAND,  CAL.  47 

taken  or  damaged,  as  for  the  charges  and  expenses,  shall  be  paid  by 
the  City  Treasurer,  upon  warrants  drawn  upon  said  fund  from  time  to 
time,  signed  by  said  commissioners,  or  a  majority  ot  them.  All  such 
warrants  shall  state  whether  they  are  issued  for  land  or  improvements 
taken  or  damaged,  or  for  charges  and  expenses,  and  that  the  demand 
is  payable  only  out  of  the  money  in  said  fund,  and  in  no  event  shall 
the  city  be  liable  for  the  failure  to  collect  any  assessment  made  by 
virtue  hereof,  nor  shall  said- warrant  be  payable  out  of  any  other  fund, 
nor  a  claim  against  the  city. 

Sec.  9.  Said  commissioners  shall  proceed  to  view  the  lands  des- 
cribed in  the  resolution  of  intention^  and  may  examine  witnesses  on 
oath,  to  be  administered  by  any  one  of  them.  Having  viewed  the 
land  to  be  taken,  and  the  improvements  affected,  and  considered  the 
testimony  presented,  they  shall  proceed  with  all  diligence  to  deter- 
mine the  value  of  the  land  and  the  damage  to  improvements  and  prop- 
erty affected,  and  also  the  amount  of  the  expenses  incident  to  said 
work  or  improvement,  and  having  determined  the  same,  shall  proceed 
to  assess  the  same  upon  the  district  of  lands  declared  benefited,  the 
exterior  boundaries  of  which  were  fixed  by  the  resolution  of  intention 
provided  for  by  section  2  hereof.  Such  assessment  shall  be  made 
upon  the  lands  within  said  district  in  proportion  to  the  benefit  to  be 
derived  from  said  work  or  improvement,  so  far  as  the  said  commis- 
sioners can  reasonably  estimate  the  same,  including  in  such  estimate 
the  property  of  any  railroad  company  within  said  district,  if  such 
there  be. 

Sec.  10.  Said  commissioners  having  made  their  assessment  of 
benefits  and  damage,  shall,  with  all  diligence,  make  a  written  report 
thereof  to  the  City  Council,  and  shall  accompany  their  report  with  a 
plat  of  the  assessment  district  showing  the  land  taken  or  to  be  taken 
for  the  work  or  improvement,  and  the  lands  assessed,  showing  the 
relative  location  of  each  district,  block,  lot,  or  portion  of  lot,  and  its 
dimensions,  so  far  as  the  commissioners  can  reasonably  ascertain  the 
same.  Each  block  and  lot,  or  portion  of  lot,  taken  or  assessed,  shall  be 
designated  and  described  in  said  plat  by  an  appropriate  number,  and 
a  reference  to  it  by  such  descriptive  number  shall  be  a  sufficient  des- 
cription of  it  in  any  suit  entered  to  condemn,  and  in  all  respects. 
When  the  report  and  plat  are  approved  by  the  City  Council,  a  copy  ot 
said  plat,  appropriately  designated,  shall  be  filed  by  the  Clerk  thereof 
in  the  office  of  the  Recorder  of  the  county. 

Sec.  II.  Said  report  shall  specify  each  lot,  subdivision,  or  piece 
of  property  taken  or  injured  by  the  widening  or  other  improvement, 
or  assessed  therefor,  together  with  the  name  of  the  owner  or  claim- 
ants thereof,  or  of  persons  interested  therein  as  lessees,  incumbrancers, 
or  otherwise,  so  far  as  the  same  are  known  to  such  commissioners, 
and  the  particulars  of  their  interest,  so  far  as  the  same  can  be  asce*-- 


48  CHARTER  OF  THE 

tained,  and  the  amount  of  value  or  damage,  or  the  amount  assessed^ 
as  the  case  may  be. 

Sec.  12.  If  in  any  case  the  commissioners  find  that  conflicting 
claims  of  title  exist,  or  shall  be  in  ignorance  or  doubt  as  to  the  owner- 
ship of  any  lot  of  land,  or  of  any  improvements  thereon,  or  of  any 
interest  therein,  it  shall  be  set  down  as  belonging  to  unknown  owners. 
Error  in  the  designation  of  the  owner  or  owners  of  any  land  or  im- 
provements, or  of  the  particulars  of  their  interest,  shall  not  aflect  the 
validity  of  the  assessment  or  of  the  condemnation  of  the  property  to 
be  taken. 

Sec.  13.  Said  report  and  plat  shall  be  filed  in  the  Clerk's  ofificfe 
of  the  City  Council,  and  thereupon  the  Clerk  of  said  City  Council 
shall  give  notice  of  such  filing  by  publication  for  at  least  ten  days  in 
one  or  more  daily  newspapers  published  and  circulated  in  said  city; 
or  if  there  be  no  daily  paper,  by  three  successive  insertions  in  a  weekly 
or  semi-weekly  newspaper  so  published  and  circulated.  Said  notice 
shall  also  require  all  persons  interested  to  show  cause,  if  any,  why 
such  report  should  not  be  contirmed,  before  the  City  Council,  on  or 
before  a  day  fixed  by  the  Clerk  thereof,  and  stated  in  said  notice,  which 
day  shall  not  be  less  that  thirty  days  from  the  first  publication  thereof. 

Sec.  14.  All  objections  shall  be  in  writing  and  filed  with  the 
Clerk  of  the  City  Council,  who  shall,  at  the  next  meeting  after  the 
day  fixed  in  the  notice  to  show  cause,  lay  the  said  objections,  if  any, 
before  the  City  Council,  which  shall  fix  a  time  for  hearing  the  same, 
of  which  the  Clerk  shall  notify  the  objectors  in  the  same  manner  as 
objectors  to  the  original  resolution  of  intention  at  the  time  set.  or  at 
such  other  time  as  the  hearing  may  be  adjourned  to,  the  City  Council 
shall  hear  such  objections  and  pass  upon  the  same;  and  at  such  time, 
or  if  there  be  no  objections  at  the  first  meeting  after  the  day  set  in 
such  order  to  show  cause,  or  such  other  time  as  may  be  fixed,  shall 
proceed  to  pass  upon  such  report,  and  may  confirm,  correct,  or  modify 
the  same,  or  may  order  the  commissioners  to  make  a  new  assessment, 
report,  and  plat,  which  shall  be  filed,  notice  given,  and  hearing  had 
as  in  the  case  of  an  original  report. 

Sec  15.  Tiie  Clerk  of  said  City  Council  shall  forward  to  the 
Street  Superintendent  of  the  city  a  certified  copy  of  the  report,  assess- 
ment and  plat,  as  finally  confirmed  and  adopted  by  the  City  Council. 
Such  certified  copy  shall  thereupon  be  the  assessment  roll.  Immed- 
iately upon  receipt  thereof  by  the  Street  Superintendent  the  assess- 
ment therein  shall  become  due  and  payable,  and  shall  be  lien  upon  all 
the  property  contained  and  described  therein. 

Sec.  16.  The  Superintendent  of  Streets  shall  thereupon  give 
notice  by  publication  for  ten  days  in  one  or  more  daily  newspapers 
published  and  circulated  in  such  city,  or  city  and  county,  or  by  two 
successive  insertion?  in  a  weekly  or  semi-weekly  newspaper  so  pub- 
lished and  circulated,  that  he  has  received  said  assessment  roll,  and 


CITY  OF  OAKLAND,  CAL.  49 

that  all  sums  levied  and  assessed  in  said  assessment  roll  are  due  and 
payable  immediately,  and  that  the  payment  of  said  sums  is  to  be  made 
to  him  within  thirty  days  irom  the  date  of  the  first  publication  of  said 
notice.  Said  notice  shall  also  contain  a  statement  that  all  assessments 
not  paid  before  the  expiration  of  said  thirty  days  will  be  declared  to 
be  delinquent,  and  that  thereafter  the  sum  ot  five  per  cent  upon  the 
amount  of  each  delinquent  assessment,  together  with  the  cost  of  ad- 
vertising each  delinquent  assessment,  will  be  added  thereto.  When 
payment  of  any  assessment  is  made  to  said  Superintendent  of  Streets 
he  shall  write  the  word  "paid,"  and  the  date  of  payment,  opposite 
the  respective  assessment  so  paid,  and  the  names  of  persons  by  or  for 
whom  said  assessment  is  paid,  and  shall,  if  so  required,  give  a  receipt 
therefor.  On  the  expiration  of  said  thirty  days  all  assessments  then 
unpaid  shall  be  and  become  delinquent,  and  said  Superintendent  of 
Streets  shall  certify  such  fact  at  the  foot  of  said  assessment  roll,  and 
shall  add  five  per  cent  to  the  amount  of  each  assessment  so  delinquent. 
The  said  Superintendent  of  Streets  shall,  within  five  days  from  the 
date  of  said  delinquency,  proceed  to  advertise  and  collect  the  various 
sums  delinquent,  and  the  whole  thereof,  including  the  cost  of  adver- 
tisingj  which  last  shall  not  exceed  the  sum  of  fifty  cents  for  each  lot, 
piece  or  parcel  of  land  separately  assessed,  by  the  sale  of  the  assessed 
property  in  the  same  manner  as  is  or  may  be  provided  for  the  co'- 
lection  of  State  and  cormty  taxes;  and  after  the  date  of  said  delin- 
quency, and  before  the  time  of  such  sale  herein  provided  for,  no  assess- 
ment shall  be  received  unless  at  the  same  time  the  five  per  cent  added 
thereto,  as  aforesaid,  together  with  the  costs  of  advertising  then  already 
incurred,  shall  be  paid  therewith.  Said  list  of  delinquent  assessments 
shall  be  published  daily  for  five  days  in  one  or  more  daily  newspapers 
published  and  circulated  in  such  city,  or  by  at  least  one  insertion  in 
a  weekly  newspaper  so  published  or  circulated,  before  the  day  of  sale 
of  such  delinquent  assessment.  Said  time  of  sale  must  not  be  less 
than  seven  days  from  the  date  of  the  first  publication  of  said  delinquent 
assessment  list,  and  the  place  must  be  in  or  in  front  of  the  ofifice  of  said 
Superintendent  of  Streets.  All  property  sold  shall  be  subject  to  re- 
demption in  the  same  time  and  manner  as  in  sales  for  delinquent 
State  and  county  taxes;  and  the  Superintendent  of  Streets  may  collect 
for  each  certificate  fifty  cents,  and  for  each  deed  one  dollar.  All  pro- 
visions of  the  law,  m  reference  to  the  sale  and  redemption  of  prop- 
erty for  delinquent  State  and  county  taxes  in  force  at  any  given  time, 
shall  also  then,  so  far  as  the  same  are  not  in  conflict  with  the  provisions 
of  this  act,  be  applicable  to  the  sale  and  redemption  of  property  for 
delinquent  assessments  hereunder,  including  the  issuance  of  certificates 
and  execution  of  deeds.  The  deed  of  the  Street  Superintendent  made 
after  such  sale,  in  case  of  failure  to  redeem,  shall  be  prima  facie  evi- 
dence of  the  regularity  of  all  proceedings  hereunder,  and  of  title  in 
the  grantee.     It  shall  be  conclusive  evidence  of  the  necessity  of  taking 


50  CHARTER  OF  THE 

or  damaging  the  lands  taken  or  damaged,  and  of  the  correctness  of  the  ■ 
compensation  awarded  therefor.  The  Superintendent  of  Streets  shall, 
from  time  to  time,  pay  over  to  the  City  Treasurer  all  moneys  collected 
by  him  on  account  of  any  such  assessments.  The  City  Treasurer  shall, 
upon  receipt  thereof,  place  the  same  in  a  separate  fund,  designating 
such  funds  by  the  name  of  the  street,  square,  lane,  alley,  court,  or 
pace  for  the  widening,  opening,  or  other  improvement  of  which  the 
assessment  was  made.  Payments  shall  be  made  from  said  fund  to  the 
parties  entitled  thereto  upon  warrants  signed  by  the  commissioner?, 
or  a  majority  of  them. 

Sec.  17.  When  suflficient  money  is  in  the  hands  of  the  City  Treas- 
urer, in  the  fund  devoted  to  the  proposed  work  or  improvement,  to 
pay  for  the  land  and  improvements  taken  or  damaged,  and  when  in 
the  discretion  of  the  commissioners,  or  a  majority  of  them,  the  time 
shall  have  come  to  make  payments,  it  shall  be  the  duty  of  the  com- 
missioners to  notify  the  owner,  possessor,  or  occupant  of  any  land 
or  improvements  thereon  to  whom  damages  shall  have  been  awarded, 
that  a  warrant  has  been  drawn  for  the  payment  of  the  same,  and  that 
he  can  receive  such  warrant  at  the  office  of  the  commissioners  upon 
tendering  a  conveyance  of  any  property  to  be  taken;  such  notification, 
except  in  the  case  of  unknown  owners,  to  be  made  by  depositing  a 
notice,  postage  paid,  in  the  post  office,  addressed  to  his  last  known 
place  of  abode  or  residence.  If  at  the  expiration  of  thirty  days  after 
the  deposit  of  such  notice,  he  should  not  have  applied  for  such  war- 
rant, and  tendered  a  conveyance  of  the  land  to  be  taken,  the  warrant 
so  drawn  shall  be  deposited  with  the  County  Treasurer,  and  shall 
be  delivered  to  such  owner,  possessor,  or  occupant,  upon  tendering 
a  conveyance  as  aforesaid,  unless  Judgment  of  condemnation  shall  be 
had,  when  the  same  shall  be  cancelled. 

Sec.  18.  If  any  owner  of  land  to  be  taken  neglects  or  refuses 
to  accept  the  warrant  drawn  in  his  favor  as  aforesaid,  or  objects  to 
the  report  as  to  the  necessity  of  taking  his  and,  the  commissioners, 
with  the  approval  of  the  City  Council,  may  cause  proceeding  to  be 
taken  for  the  condemnation  thereof,  as  provided  by  law  under  the 
right  of  eminent  domain.  The  complaint  m.ay  aver  that  it  is  neces- 
sary for  the  city  to  take  or  damage  and  condemn  the  said  lands,  or 
an  easement  therein,  as  the  case  may  be,  without  setting  forth  the 
proceedings  herein  provided  for,  and  the  resolution  and  ordinance 
ordering  said  work  to  be  done  shall  be  conclusive  evidence  of  such 
necessity.  Such  proceeding  shall  be  brought  in  the  name  of  the 
municipality,  and  have  precedence  so  far  as  the  business  of  the  court 
will  permit,  and  any  judgment  for  damages  therein  rendered  shall  be 
payable  out  of  such  portion  of  the  special  fund  as  may  remain  in  the 
treasury,  so  far  as  the  same  can  be  applied.  At  any  time  after  trial 
and  judgment  entered,  or  preceding  an  appeal,  the  court  may  order 
the  City  Treasurer  to  set  apart  in  the  city  treasury  a  sufficient  sum 


CITY  OF  OAKLAND,  CAL.  51 

from  the  fund  appropriated  to  the  particular  improvement  to  answer 
the  judgment  and  all  damages,  and  thereupon  may  authorize  and 
order  the  municipality  to  enter  upon  the  land  and  proceed  with  the 
proposed  work  and  improvement.  In  case  of  a  deficiency  in  said  fund 
to  pay  the  whole  of  such  judgment  and  damages,  the  City.  Council 
may,  in  their  discretion,  order  the  balance  thereof  to  be  paid  out  of 
the  general  fund  of  the  treasury  or  to  be  distributed  by  the  commis- 
sioners over  the  property  assessed  by  a  supplementary  assessment; 
but  in  the  last  named  case,  in  order  to  avoid  delay,  the  City  Council 
may  advance  such  balance  out  of  any  appropriate  fund  in  the  treasury, 
and  reimburse  the  same  from  the  collections  of  the  assessment.  Pend- 
ing the  collection  and  payment  of  the  amount  of  the  judgment  and 
damages,  the  court  may  order  such  stay  of  proceedings  as  may  be 
necessary. 

Sec.  19.  The  Treasurer  shall  pay  such  warrants  out  of  the  appro- 
priate fund,  and  not  otherwise,  in  the  order  of  their  presentation: 
provided,  that  warrants  for  land  or  improvements  taken  or  damaged 
shall  have  priority  over  warrants  for  charges  and  expenses,  and  the 
Treasurer  shall  see  that  sufificient  money  is  and  remains  in  the  fund 
to  pay  all  warrants  of  the  first  class  before  paying  any  of  the  second. 

Sec.  20.  If  after  the  sale  of  the  property  for  delinquent  assess- 
ments there  should  be  a  deficiency,  and  there  should  be  unreasonable 
delay  in  collecting  the  same,  or  if  for  the  purpose  of  equalizing  the 
assessments,  supplying  a  deficiency,  or  for  any  cause  it  appears  desir- 
able, the  commissioners  may  so  report  to  the  City  Council,  who  may 
order  them  to  make  a  supplementary  assessment  and  report  the  same 
in  the  manner  and  form  as  the  original,  and  subject  to  the  same  pro- 
cedure. If  by  reason  of  such  supplementary  assessment,  or  for  anj' 
cause,  there  should  be  at  any  time  a  surplus,  the  City  Council  may 
appropriate  the  same  and  declare  a  dividend  pro  rata  to  the  parties 
paying  the  same,  and  they,  upon  demand,  shall  have  the  right  to  have 
the  amount  of  such  pro  rata  dividends  refunded  to  them,  or  credited 
upon  any  subsequent  assessment  for  taxes  made  against  said  parties 
in  favor  of  said  city. 

Sec.  21.  If  any  title  attempted  to  be  acquired  by  virtue  of  this 
act  shall  be  found  to  be  defective  from  any  cause,  the  City  Council 
may  again  institute  proceedings  to  acquire  the  cause  as  in  this  act 
provided,  or  otherwise,  or  may  authorize  the  commissioners  to  pur- 
chase the  same  and  include  the  cost  thereof  in  a  supplementary  assess- 
ment as  provided  in  the  last  section. 

Sec.  22.  If  the  City  Council  deem  it  proper  that  the  boundaries 
of  the  districts  of  lands  to  be  affected  and  assessed  to  pay  the  damages, 
cost,  and  expenses  of  any  work  or  improvement  under  this  act,  shall 
include  the  whole  city,  then  the  commissioners  appointed  shall  prt;.- 
ceed  in  a  summary  manner  to  purchase  the  lands  to  be  taken  or  con- 


52  CHARTER  OF  THE 

demned  from  the  owners  and  claimants  thereof.  If  said  commission- 
ers and  the  owners  and  claimants  cannot  agree  upon  the  price  to  be 
paid  for  said  lands,  they  shall  proceed  to  view  and  value  the  same,  and 
shall  thereupon  make  a  summary  report  to  the  City  Council.  Upon 
final  confirmation  of  the  report,  the  City  Council,  if  there  be  not  suf- 
ficient money  available  in  the  city  treasury,  shall  cause  the  cost  and 
expenses  of  the  contemplated  public  improvement  to  be  assessed  upon 
the  whole  of  the  taxable  property  of  said  city,  and  to  be  included  in 
and  form  part  of  the  next  general  assessment  roll  of  said  city,  and 
with  like  effect  in  all  respects  as  if  the  same  formed  a  part  of  the  city, 
state  and  county  taxes;  and  when  the  same  shall  have  been  collected 
the  said  City  Council  shall  cause  the  land  required  to  be  paid  for  or 
the  value  thereof  tendered,  and  the  said  contemplated  public  improve- 
ment to  be  forthwith  made  and  completed.  All  the  provisions  of  the 
preceding  sections  not  in  conflict  with  this  section  shall  be  applicable 
thereto. 

Sec.  23.  I.  The  words  "work"  and  "improvement,"  as  used  in 
this  act,  shall  include  all  work  mentioned  in  section  one  of  this  act. 

2.  In  case  there  is  no  daily  or  weekly  or  semi-weekly  newspapers 
printed  and  circulated  in  the  city,  then  such  notices  as  are  herein  re- 
quired to  be  published  in  a  newspaper  shall  be  posted  and  kept  posted 
for  the  length  of  time  required  herein  for  the  publication  of  the  same 
in  a  weekly  newspaper,  in  three  of  the  most  public  places  in  such  city. 
Proof  of  the  publication  or  posting  of  any  notice  provided  for  herein 
shall  be  made  by  affidavit  of  the  owner,  publisher  or  clerk  of  the  news- 
paper, or  of  the  poster  of  the  notice. 

3.  The  word  "municipality"  and  the  word  "city"  shall  be  under- 
stood and  so  construed  as  to  include  all  corporations  heretofore  or- 
ganized and  now  existing,  or  hereinafter  organized,  for  municipal  pur- 
pose. 

4.  The  term  Street  Superintendent  and  Superintendent  of  Streets, 
as  used  in  this  act,  shall  be  understood  and  so  construed  as  to  include, 
and  are  hereby  declared  to  include,  any  person  or  officer  whose  duty- 
it  is,  under  the  law,  to  have  the  care  or  charge  of  the  streets,  or  the 
improvement  thereof,  in  any  city.  In  all  those  cities  where  there  i.-; 
no  Street  Superintendent  or  Superintendent  of  Streets,  the  City  Coun- 
city  thereof  is  hereby  authorized  and  empowered  to  appoint  a  suit- 
able person  to  discharge  the  duties  herein  laid  down  as  those  of  Street 
Superintendent  or  Superintendent  of  Street;  and  all  the  provisions 
hereof  applicable  to  the  Street  Superintendent  or  Superintendent  of 
Streets  shall  apply  to  such  person  so  appointed. 

5.  The  term  "City  Council"  is  hereby  declared  to  include  any 
body  or  board  which,  under  the  law,  is  the  legislative  department  of 
the  government  of  any  city. 


CITY  OF  OAKLAND,  CAL.  53 

6.  The  term  "Clerk"  and  "City  Clerk,"  as  used  in  this  act,  is 
hereby  declared  to  include  any  person  or  officer  who  shall  be  clerk 
of  said  City  Council. 

7.  The  term  "Treasurer"  or  "City  Treasurer,"  as  used  in  this  act, 
shall  include  any  person  or  officer  who  shall  have  charge  and  make 
payment  of  the  city  funds. 

8.  No  publications  or  notice  other  than  that  provided  for  in 
this  act  shall  be  necessary  to  give  validity  to  any  proceedings  had 
thereunder. 

Sec.  24.  The  proceedings  in  any  work  or  improvement,  such  as 
is  provided  for  in  this  act,  already  commenced  and  now  progressing 
under  any  other  act  now  in  force,  or  by  virtue  of  any  ordinance  passed 
by  any  City  Council  or  Board  of  Supervisors  of  any  city,  county,  or 
city  and  county,  by  virtue  of  any  other  act  now  in  force,  may,  from 
any  stage  of  such  proceedings  already  commenced  and  now  progress- 
ing, be  continued  under  this  act  by  resolution  of  the  City  Council. 
The  said  work  or  improvement  may  then  be  conducted  under  the  pro- 
visions of  this  act  with  full  force  and  effect  in  all  respects  from  the 
stage  of  such  proceedings  under  such  other  acts  or  ordinances  at  and 
from  which  such  resolution  shall  declare  an  election  or  intention  to 
have  said  work  or  improvement  cease  under  such  other  act  or  ordin- 
ance and  continue  under  this  act;  and  from  such  election  so  made. 
all  proceedings  theretofore  had  under  such  other  act  or  ordinance 
are  hereby  ratified,  confirmed,  and  made  valid,  and  it  shall  be  un- 
necessary to  renew  or  conduct  over  again  proceedings  had  under  such 
other  act  or  ordinance.  This  section  shall  not  apply  to  any  work  or 
improvement  proceedings  in  which  were  commenced  more  than 
eighteen  months  prior  to  the  passage  of  this  act. 

Sec.  25.  The  provisions  of  this  act  shall  be  liberally  construed 
to  promote  the  objects  thereof.  This  act  shall  take  eflfect  and  be  in 
force  from  and  after  its  passage. 

[See  Stat.  1895,  p.  204,  relative  to  sale  and  redemption  of  prop- 
erty under  the  foregoing  act  of  1889.] 


CHAPTER  III— IMPROVEMENT  OF  STREETS. 

[Note — The  general  law  governing  street  improvements  within 
municipal  corporations  is  found  in  the  Vrooman  Act,  as  amended. 
See  Stats.  1885,  p.  147;  State.  1887,  p.  148;  Stats.  1889,  p.  157;  Stats. 
1891,  pp.  116,  196,  and  Stats.  1893,  pp.  89,  172.  The  provisions  of  this 
chapter  are  not  inconsistent  with  that  act.] 


54  CHARTER  OF  THE 

Sec.  loi.  All  streets,  lanes,  alleys,  places  and  courts  in  said  city 
now  open  or  dedicated,  or  which  may  hereafter  be  opened  or  dedi- 
cated to  public  use,  and  of  which  the  grade  and  width  have  been 
legally  established,  are  and  shall  be  open  public  streets  for  the  purposes 
of  this  article.  The  Council  shall,  as  soon  as  practicable,  cause  an 
official  map  of  the  city,  upon  which  shall  be  exhibited  all  streets,  lanes, 
alleys,  places,  courts,  parks  and  squares  dedicated  to  public  use;  and 
upon  the  approval  of  said  map  by  the  Council,  all  streets,  lanes,  alleys, 
places,  courts,  parks  and  squares  appearing  thereon  shall  be  prima 
facie  deemed  and  held  to  be  open  public  streets,  lanes,  alleys,  places, 
courts,  parks  and  squares. 

Sec.  102.  Upon  such  open  public  streets  in  said  city  all  "improve- 
ment," as  defined  in  the  Act  of  the  Legislature  of  the  State  of  Cali- 
fornia, entitled  "An  Act  to  Provide  for  Work  Upon  Streets,  Lanes, 
Alleys,  Courts,  Places  and  Sidewalks,  and  for  the  Construction  of 
Sewers  Within  Municipalities,"  approved  ]\Iarch  i8,  1885,  shall  be 
done  by  authority  of  the  Council,  and  the  expenses  thereof  paid  under 
and  in  accordance  with  the  provisions  of  the  said  Act  and  of  any  Acts 
which  may  be  passed  in  amendment  thereof  or  supplemental  thereto 
or  in  substitution  therefor.  And  the  Council  is  invested  with  jurisdic- 
tion to  change  the  grades  of  said  streets,  lanes,  alleys,  places  and 
courts,  and  fix  the  width  thereof. 

Sec.  103.  Whenever  application  shall  be  made  to  the  Council  for 
.any  improvement  to  be  done  under  the  provisions  of  this  chapter, 
unless  such  application  be  made  by  the  owners  of  more  than  one-half 
in  frontage  of  lots  and  lands  fronting  on  the  street,  lane,  alley,  place 
or  court  upon  which  the  improvement  is  to  be  done,  or  their  agents, 
the  Council  shall  refer  the  m.atter  to  the  Board  of  Public  Works  for 
information.  The  Board  shall  as  soon  as  practicable  thereafter,  de- 
termine whether  in  its  judgment  the  public  interest  or  convenience  re- 
quires the  said  improvement  to  be  made,  and  shall  immediately  report 
its  determination  to  the  Council,  which  shall  thereupon  take  such 
action  as  it  shall  deem  proper  in  the  premises. 

Sec.  104.  The  Superintendent  of  Streets  shall  at  all  times  keep 
the  members  of  the  Board  of  Public  Works  advised  of  the  commence- 
ment and  progress  of  any  street  improvement  which  is  being  done 
under  his  superintendence.  They  shall  continuously  examine  and 
inspect  the  same,  its  materials  and  construction,  and  the  Board  of 
Public  Works  shall  make  any  recommendation  in  reference  thereto 
which  it  may  deem  advisable;  and  before  finally  accepting  the  same, 
the  Superintendent  shall  advise  the  Board  of  its  completion  in  due 
season  to  permit  of  such  recommendation  and  of  his  action  thereon. 


CITY  OF  OAKLAND,  CAL.  55 

CHAPTER  IV— SEWERS  AND  DRAINAGE. 

[Note — For  act  authorizing  incurring  indebtedness  for  con- 
struction of  sewers  and  other  public  improvements  see  Stat.  1889,  p. 
399,  as  amended  by  Stat.  1891,  pp.  84,  94,  132,  and  Stat.  1893,  p.  61; 
Rice  vs.  Board  Trustees,  etc.,  107  Cal.  398. 

Sec.  105.  The  Board  of  Public  Works  shall  devise  a  general  sys- 
tem of  sewerage  and  drainage,  which  shall  embrace  all  matters  relative 
to  the  thorough,  systematic  and  effectual  drainage  and  sewerage  of 
the  city,  and  shall  submit  the  same  to  the  Council,  and  shall  from  time 
to  time  make  to  the  Council  such  recommendations  upon  the  subject 
of  sewerage  and  drainage  as  it  may  deem  proper. 

Sec.  106.  The  Board  shall  prescribe  and  recommend  to  the  Coun- 
cil for  adoption  the  location,  form  and  material  to  be  used  in  con- 
struction, reconstruction  and  repairing  of  all  public  sewers,  manhole.s, 
sinks,  drains,  cesspools  and  other  appurtenances  belonging  to  the 
drainage  and  sewerage  system,  and  of  every  private  drain  or  sewer 
emptying  into  a  public  sewer,  and  determine  the  place  and  manner  ot 
the  connection. 

Sec.  107.  The  Board  shall  recommend  to  the  Council  rules  and 
regulations  concerning  the  public  and  private  sewers  and  drains  in 
this  city,  and  upon  recommendation  of  said  Board  the  Council  ts 
authorized  to  pass  an  ordinance  establishing  the  same  and  prescribing 
the  penalties  for  any  violation  thereof. 

Sec.  108.  No  person  shall  connect  with  or  open  or  penetrate  any 
public  sewer  or  drain  without  first  obtaining  a  permit  in  writing  from 
the  Board  of  Public  Health,  and  complying  with  the  rules  and  regu- 
lations of  said  Board  in  reference  thereto. 

Sec.  109.  The  Board  of  Public  Works  may  also  recommend  to 
the  Council  the  construction  of  canals,  sewers,  tunnels,  ditches,  drains, 
embankments,  reservoirs,  pumping  works,  machinery  and  other  works 
necessary  for  the  proper  and  effectual  drainage  of  the  city,  together 
with  plans  for  connecting  the  same  with  sewers  and  private  drains 
already  constructed  or  thereafter  to  be  constructed. 

Sec.  no.  The  Council  may,  upon  the  recommendation  of  said 
Board,  by  ordinance  authorize  the  purchase  of  any  personal  property, 
or  the  acquisition  by  purchase  or  condemnation  of  any  real  estate 
which  may  be  necessary  for  the  construction  of  any  sewer  or  the  mak- 
ing of  any  improvement  provided  for  in  this  Charter.  < 

Sec.  III.  When,  upon  the  recommendation  of  the  Board  of  Public 
Works,  the  Council  shall  determine  upon  any  improvement  for  the 
purpose  of  sewerage  and  drainage,  which  necessitates  the  acquisition 
or  condemnation  of  private  property,  and  said  Board  or  Council  is 
unable  to  agree  with  the  owner  thereof  upon  the  amount  of  compen- 
sation or  damages  to  be  paid  therefor,  or  when  such  owner  is  in  any 


56  CHARTER  OF  THE 

way  incapable  of  making  any  agreement  in  reference  thereto,  and  in 
all  cases  in  which  said  Board  shall  deem  it  most  expedient,  it  shall, 
when  authorized  by  the  Council  by  ordinance,  have  the  right  to  cause 
said  property  to  be  condemned,  and  to  institute  proceedings  for  the 
condemnation  of  such  property,  and  for  the  ascertainment  of  damages 
in  the  manner,  so  far  as  the  same  is  applicable,  which  is  provided  in 
this  article  for  the  condemnation  of  real  estate  when  necessary  for  the 
opening  of  any  street. 

[Note. — For   general   law   as   to   condemnation   proceedings,   see 
Sees.  1237  to  1263,  Code  of  Civil  Procedure.  * 

Note — Condemnation  fot  public  uses  generally  see  Sec.  194  post.] 


ARTICLE    VII. 
Educational  Department. 


[Note — Relations  of  charter  provisions  to  school  system  unde- 
Pol.  Code,  Kennedy  vs.  Miller,  97  Cal.,  429.] 

Sec.  112.  The  government  of  the  School  Department  of  the  city 
shall  be  vested  in  a  Board  of  Education,  to  consist  of  eleven  mem- 
bers, to  be  called  School  Directors,  and  who  shall  receive  no  com- 
pensation. One  School  Director  shall  be  elected  from  each  ward  and 
four  from  the  city  at  large.  Their  terms  of  office  shall  be  two  j'ears. 
No  persons  shall  be  eligible  to  the  office  of  School  Director  unless  he 
is  at  the  time  of  his  election  the  head  of  a  family;  and  no  two  of  those 
elected  at  large  shall  be  residents  of  the  same  ward  at  the  time  ot 
their  election. 

[Note — By  the  provisions  of  Section  1670  of  the  Political  Code, 
Stats.  1893,  p.  268,  the  Board  of  Education  also  constitutes  the  High 
School  Board,  which  has  control  of  the  High  School.  See  also  Sec- 
tion 114,  Sub.  22,  of  this  Charter  post;  also  Section  128  and  notes 
thereto.] 

Sec.  113.  The  Board  of  Education  shall,  immediately  after  their 
election  and  qualification,  meet  and  organize  by  electing  one  of  their 
number  President,  whose  term  of  office  shall  be  one  year.  The  Board 
shall  hold  regular  meetings  at  least  once  in  each  month,  and  at  such 
times  as  shall  be  determined  by  its  rules.  Special  meetings  may  be 
called  at  any  time  by  the  President  or  any  three  of  the  members.  A 
majority  of  all  the  members  shall  constitute  a  quorum  for  the  trans- 


CITY  OF  OAKLAND,  CAL.  57 

action  of  business,  and  the  affirmative  vote  of  six  members  shall  be 
necessary  to  pass  any  measure,  but  a  smaller  number  may  adjourn 
from  time  to  time.  The  Board  may  determine  the  rules  of  its  pro- 
ceedings, and  the  ayes  and  noes  shall  be  taken  when  demanded  by 
any  member  and  entered  on  the  records  of  the  Board.  Its  records 
shall  be  open  to  public  inspection.  The  Board  shall  fill  all  vacancies 
occurring  in  the  Board  until  the  next  regular  municipal  election. 

Sec.  114.  The  powers  and  duties  of  the  Board  of  Education  are  as 
follows: 

[Note — For  the  general  law  as  to  powers  of  Boards  of  Education, 
see  Sec.  1617,  Political  Code,  whose  provisions  are  in  force  in  this 
city  and  supersede  all  conflicting  provisions  of  this  section.     See  Sec. 

1616,  Pol.  Code;  also  82  Cal.,  492;  power  to  establish  kindergarten 
system,  Sinnott  vs.  Colombet,  107  Cal.,  187.] 

1.  To  establish  and  maintain  public  schools,  to  change,  consoli- 
date and  discontinue  the  same,  to  manage  and  control  the  school  prop- 
erty, to  establish  school  districts  and  to  fix  and  alter  the  boundaries 
thereof. 

2.  To  employ,  pay  and  dismiss  teachers,  janitors  and  School  Cen- 
sus Marshals,  and  such  persons  as  may  be  necessary  to  carry  into  ef- 
fect the  powers  and  duties  of  the  Board,  and  to  fix,  alter,  allow  and 
order  paid  their  salaries  or  compensation,  and  to  withhold,  for  good 
and  sufificient  cause,  the  whole  or  any  part  of  the  salary  or  wages  ot 
any  person  or  persons  employed  as  aforesaid;  provided,  that  no  teacher 
shall  be  dismissed  until  after  investigation  and  without  good  cause 
established  to  the  satisfaction  of  the  Board. 

[Note — For  the  general  law  as  to  dismissal  of  teachers,  see  Sec. 
1793.  Political  Code.     In  construing  this  section,  together  with  Sec. 

1617,  Pol.  Code,  cited  ante,  the  Supreme  Court,  in  the  Kate  Kennedy 
case,  82  Cal.,  483,  held  that  "a  teacher  elected  without  limitation  as  to 
time  of  employment,  is  entitled  to  hold  the  position  while  competent 
and  faithful,  and  can  only  be  dismissed  for  violation  of  the  rules  of  the 
Board  of  Education  or  for  incompetency,  unprofessional  or  immoral 
conduct."  The  statute  also  guarantees  a  teacher  against  removal  to  a 
lower  grade  without  consent.     See  82  Cal.,  492. 

In  the  case  of  Marion  vs.  Board  of  Education,  97  Cal.,  606,  it  was 
held  that  when  the  Board  "went  into  executive  session  for  the  election 
of  teachers  for  the  ensuing  year,"  a  teacher  thereupon  declared  elected 
is  chosen  only  for  such  ensuing  year,  and  may  be  dismissed  at  any 
time  after  its  expiration. 

In  the  case  of  Marion  vs.  Board  of  Education  (case  No.  6648),  the 
Superior  Court  of  Alameda  county  decided  that  a  teacher  wrongfully 
removed  cannot  compel  reinstatement  unless  her  city  certificate  is 
still  in  force. 


58  CHARTER  OF  THE 

In  the  case  of  Malloy  vs.  Board  of  Education,  102  Cal.,  642,  the 
Supreme  Court  held  that  the  mere  balloting  for  a  certain  teacher  by 
the  requisite  number  of  the  Board  of  Education  does  not  constitute 
an  employment  of  her,  and  if  the  Board  then  refuse  to  declare  her 
elected,  she  cannot  maintain  mandamus  to  enforce  her  employment. 

In  the  case  of  Itsell  vs.  Board  of  Education,  the  Superior  Court  of 
the  City  and  County  of  San  Francisco  (Wallace,  Judge),  in  granting 
a  writ  of  mandamus  on  March  8,  1895,  restoring  petitioner  to  his 
former  position,  decided  substantially  as  follows:  The  dismissal  of  a 
teacher  or  removal  to  a  lower  grade  during  her  term  of  employment 
can  only  be  made  upon  proper  complaint  and  after  procedure  in  strict 
conformity  to  the  general  law  and  the  rules  of  the  Board,  and  a  prin- 
cipal's report  declaring  a  teacher  incompetent  does  not  constitute  a 
proper  complaint.  The  power  of  the  Board  to  investigate  charges 
against  a  teacher,  being  delegated  to  the  Board  by  statute,  cannot  be 
again  delegated  to  a  committee,  but  the  testimony  may  be  taken  by  a 
committee  and  reported  by  them  to  the  Board  for  action. 

See  also  Sec.  206  of  this  Charter,  post. 

3.  To  make,  establish  and  enforce  all  necessary  and  proper  rules 
and  regulations  for  the  government  and  progress  of  public  schools  and 
for  the  investigation  of  charges  against  any  person  in  the  employ  ot 
the  department,  and  for  carrying  into  effect  the  laws  relating  to  edu- 
cation; also  to  establish  and  regulate  the  grade  of  schools,  and  deter- 
mine what  text-books  (other  than  those  published  by  the  State),  course 
of  study  and  mode  of  instruction  shall  be  used  in  said  schools;  but  any 
text-book  determined  upon  by  the  Board  shall  not  be  changed  within 
a  period  of  four  years  after  its  adoption. 

[Note. — Rules  of  the  Board  of  Education  cannot  control  provis- 
ions of  the  general  law  (Sec.  1617,  Pol.  Code;  66  Cal.,  473)  nor  valid 

Charter  provisions  (102  Cal.  642.)  ] 

4.  To  provide  for  the  School  Department  all  necessary  suplies, 
and  incur  such  other  incidental  expenses  as  may  be  necessary  for  the 
welfare  of  the  department. 

5.  To  build,  rent  and  provide  schoolhouses,  and  to  furnish  them 
with  proper  school  furniture,  apparatus  and  appliances. 

6.  To  purchase,  sell  or  exchange-  school  lots,  and  to  take  charge 
of  any  and  all  real  estate  and  personal  property  that  may  have  been 
acquired,  or  may  hereafter  be  acquired,  for  the  use  and  benefit  of  the 
public  schools  of  the  city;  and  to  make,  in  the  name  of  the  city,  con- 
veyances of  property  belonging  to  the  city  and  sold  by  the  Board  of 
Education;  provided,  that  no  real  estate  shall  be  bought,  sold,  or  ex- 
changed without  the  consent  of  the  Council,  evidenced  by  ordinance; 
and  provided,  further,  that  the  proceeds  of  any  such  sale  or  exchange  ot 
real  estate  shall  be  exclusively  applied  to  the  purchase  of  other  lots,  or 
the  erection  of  schoolhouses  for  the  use  of  this  department. 


CITY  OF  OAKLAND,  CAL-  59 

7.  To  appoint  School  Census  Marshals  on  or  before  the  first  day  of 
May  of  each  year,  whose  duties  shall  be  as  prescribed  by  general  law, 
and  to  notify  the  County  Superintendent  of  Schools  of  such  appoint- 
ments. 

[Note. — For  the  general  law  as  to  Census  Marshals,  see  Sees.  1634 
to  1640,  Political  Code.] 

8.  To  sue  in  the  name  of  the  city  for  any  and  all  property  acquired 
or  claimed  for  the  use  and  benefit  of  the  School  Department,  and  to 
prosecute  and  defend  all  actions  at  law  or  in  equity,  necessary  to  re- 
cover and  maintain  the  full  enjoyment  and  possession  of  said  property, 
and  to  require  the  services  of  the  City  Attorney  in  all  such  actions. 

9.  To  estimate  annually  the  amount  of  money  required  for  the  sup- 
port of  the  public  schools,  and  for  carrying  into  effect  all  the  pro- 
visions of  law  in  reference  thereto;  and  in  pursuance  of  this  provision 
the  Board  shall,  on  or  before  the  last  Monday  of  July  of  each  year, 
submit  in  writing  to  the  Auditor  a  statement  verified  by  at  least  a  ma- 
jority of  the  Board,  containing  a  careful  estimate  of  the  whole  amount 
of  money  to  be  received  from  the  State  and  county,  and  the  amount 
required  from  the  city  for  the  above  purposes.  The  Auditor  shall 
transmit  the  same  to  the  Council  as  in  this  Charter  provided,  and  the 
Council  shall,  in  each  year,  after  receiving  such  estimate,  fix,  in  its 
discretion,  by  ordinance  the  percentage  of  taxes  to  be  levied  and  col- 
lected for  school  purposes;  provided,  that  the  amount  to  be  thus  levied 
for  school  purposes  shall  not  exceed  thirty  cents  on  each  one  hun- 
dred dollars  valuation  upon  rhe  assessment  roll,  but  may  be  mcreased 
to  forty  cents  by  the  consent  of  two-thirds  of  the  Council;  and  that 
when  collected  it  shall  be  immediately  paid  into  the  School  Fund,  to 
be  drawn  out  only  upon  the  order  of  the  Board  of  Education. 

[Note — Estimate  by  Board,  Board  of  Education  vs.  Trustees,  96 
Cal.,  42.] 

10.  To  establish  regulations  for  the  just  and  equitable  disburse- 
ment of  all  moneys  belonging  to  the  Public  School  Fund. 

11.  To  examine  every  demand  payable  out  of  the  School  Fund, 
and  for  good  cause  to  reject  any  such  demand,  or  to  allow  the  same  in 
whole  or  in  part;  and  to  compel  the  attendance  of  witnesses  before  the 
Board  or  any  committee  thereof  in  any  matter  under  investigation. 

12.  To  discharge  all  legal  incumbrances  now  existing,  or  which 
may  hereafter  exist,  upon  any  school  property. 

13.  To  prohibit  any  child  under  six  years  of  age  from  attending 
the  public  schools,  and  to  suspend  or  expel  pupils  for  misconduct. 

14.  To  dispose  of  and  sell  at  public  auction  such  personal  property 
as  shall  no  longer  be  required  by  the  department.  All  moneys  realized 
from  such  sales  shall  be  paid  into  the  Treasury  to  the  credit  of  the 
School  Fund. 


6o  CHARTER  OF  THE 

[Note— See  Sec.  185  post.] 

15.  To  receive  and  manage  property  or  money  acquired  by  devise, 
bequest  or  donation  in  trust  for  the  benefit  of  any  school,  educational 
purpose,  or  school  property. 

16.  To  exclude  from  the  schools  and  school  libraries  all  books, 
publications  or  papers  of  sectarian,  partisan  or  denominational  char- 
acter. 

17.  To  furnish  books  for  the  children  of  parents  unable  to  furnish 
them.  The  books  so  furnished  shall  belong  to  the  city,  and  shall  be 
kept  in  the  libraries  of  the  schools  when  not  in  use. 

18.  To  keep  a  register  at  each  school,  open  to  the  inspection  ot 
the  public,  of  all  children  applying  for  and  entitled  to  admission  in  the 
schools,  and  to  notify  the  parents  or  guardians  of  such  children  when 
vacancies  occur,  and  to  receive  such  children  in  the  schools  in  the 
order  in  which  they  are  registered. 

19.  To  make  an  annual  report  on  or  before  the  first  day  of  July  in 
each  year  to  the  County  Superintendent  of  Schools  in  the  manner  and 
form  and  on  the  blanks  prescribed  by  the  State  Superintendent  of  Pub- 
lic Instruction. 

20.  To  make  a  report  whenever  required,  directly  to  the  State 
Superintendent  of  Public  Instruction,  of  the  text-books  used  in  the 
city  schools. 

21.  Each  member  of  the  Board  shall  visit  every  school  in  the  city 
at  least  once  in  each  term,  and  examine  carefully  into  its  management, 
condition  and  wants 

22.  It  shall  be  the  duty  of  the  Board  to  prescribe  a  course  of  study 
that  will  fit  and  prepare  the  students  therein  to  enter  any  of  the  de- 
partments of  the  University  of  the  State  of  California.  Such  course 
shall  be  known  as  the  High  School  Course. 

[Note— The  general  law  governing  High  Schools  in  municipalities 
is  to  be  found  in  Sections  1669,  1670  of  the  Political  Code,  Stats.  1893. 
pp.  268-272.  See  also  Sections  112,  128  of  this  Charter  and  notes. 
thereto.  See  amendment  of  Sees.  1670  and  1671  of  Pol.  Code  (Stat. 
1895,  p.  293)  and  amendment  of  Sec.  1670  (Stat.  1897,  p.  79-)  ] 

23.  The  Board  may  provide  departments  for  the  training  of  pupils 
in  the  industrial  and  mechanic  arts,  and  shall  have  power  to  furnish 
such  departments  Avith  necessary  tools,  apparatus  and  appliances. 

24.  And  generally  to  do  and  perform  such  other  acts  as  may  be 
required  by  general  law  applicable  to  the  city,  and  as  may  be  necessary 
and  proper  to  carry  into  force  and  eflfect  the  powers  conferred  on  said 
Board,  and  to  increase  the  efficiency  of  the  public  schools  in  the  city. 

Sec.  115.  The  City  School  Superintendent  and  each  member  ot 
the  Board  shall  have  power  to  administer  oaths  and  affirmations  in  all 
matters  connected  with  the  department. 


CITY  OF  OAKLAND,  CAL-  6i 

Sec.  ii6.  For  all  supplies,  books,  stationery,  fuel,  printing,  goods, 
merchandise  and  all  other  materials  and  supplies  for  the  public  schools, 
or  any  of  them,  when  the  expenditure  to  be  incurred  on  account  of 
such  matter  may  exceed  one  hundred  dollars,  the  Board  of  Education 
shall  make  a  requisition  upon  the  Board  of  Public  Works.  Such  requi- 
sition shall  state  in  clear  and  explicit  terms  the  quantity  and  kind  of 
all  articles  needed  and  how,  when  and  where  to  be  delivered. 

Sec.  117.  The  Board  of  Education  shall  annually,  at  its  first 
regular  meeting  in  May,  make  such  requisition  for  all  supplies  estimated 
to  be  required  by  the  School  Department  for  the  ensuing  fiscal  year. 
Sec.  118.  It  shall  be  the  duty  of  the  Board  to  furnish  annually  in 
writing  such  information  concerning  the  public  schools  of  the  city  as 
may  be  required  from  it  by  law,  or  the  State  Superintendent  of  Public 
Instruction  or  the  Council. 

Sec.  119.  The  Board  of  Education,  at  any  time  when  deemed  nece-^ 
sary  may,  by  resolution  passed  at  a  regular  meeting,  make  a  requisition 
upon  the  Board  of  Public  Works  for  plans  and  specifications  and  esti- 
mates for  a  new  school  house,  specifying  the  location  thereof,  the 
number  of  class  rooms  needed,  the  date  on  which  it  should  be  com- 
pleted, the  amount  of  money  in  the  School  Fund  available  for  the 
purpose,  and  such  other  information  as  will  enable  the  Board  of  Pub- 
lic Works  to  prepare  the  necessary  plans,  specifications  and  estimates 
of  the  cost  of  such  school  house. 

Sec.  120.  The  Board  of  Public  Works  shall,  within  thirty  days 
after  the  receipt  of  such  requisition,  submit  in  duplicate  to  the  Board 
of  Education,  such  plans,  specifications  and  estimates,  which  the  Board 
of  Education  may  approve,  reject  or  recommit  it  to  the  Board  of  Pub- 
lic Works.  When  approved,  the  date  of  approval  shall  be  indorsed  on 
each  duplicate  by  the  President  and  Secretary  of  the  Board  of  Edu- 
cation; and  thereupon  one  of  said  duplicates  shall  be  filed  with  the 
archives  of  the  Board  of  Education,  and  the  other  shall  be  returned  to 
the  Board  of  Public  Works,  which  shall  proceed  without  delay  with  the 
erection  of  such  new  school  house  in  accordance  therewith. 

Sec.  121.  The  Board  of  Public  Works  shall  notify  the  Board  of 
Education  of  the  completion  of  such  new  school  house.  The  Board  of 
Education  shall  thereupon  examine  the  same,  and  if  built  in  accordance 
with  the  plans  and  specifications,  and  within  the  estimated  cost  thereof, 
shall  accept,  pay  for  and  take  possession  thereof. 

Sec.  122.  When  any  school  house,  building,  fence,  grounds  or 
sidewalk  under  the  control  of  the  Board  of  Education  needs  repairing, 
altering,  improving  or  additions,  said  Board  shall  notify  the  Board  of 
Public  Works,  specifying  in  general  terms  the  work  to  be  done.  If 
the  cost  of  such  repairing,  altering,  improving  and  additions  shall  not 
exceed  two  hundred  dollars,  the  last  named  Board  shall  cause  the  same 
to  be  done  forthwith,  and  report  the  completion  thereof  with  an  item- 
ized account  of  the  cost  to  the  Board  of  Education.     If  the  cost  of  suc^ 


62  CHARTER  OF  THE 

repairing,  altering,  improving  and  additions  shall  exceed  said  sum,  the 
same  proceedings  shall  be  had  as  provided  for  the  erection  of  a  new 
school  house. 

Sec.  123.  Any  School  Director,  officer,  or  other  person  officially 
connected  with  the  School  Department,  or  drawing  a  salary  from  the 
Board  of  Education,  who  shall,  while  an  officer  so  connected  or  draw- 
ing salary,  be  interested  either  directly  or  indirectly  in,  or  who  shall 
gain  any  advantage  or  benefit  from  any  contract,  payments  under  which 
are  to  be  made,  in  whole  or  in  part,  out  of  the  moneys  derived  from 
the  School  Fund,  or  raised  by  taxation  or  otherwise  for  the  support  01 
ttie  public  schools,  or  who  shall  gain  or  attempt  to  gain  by  reason  of 
any  official  act  or  the  promise  of  any  official  act,  any  consideration, 
advantage,  or  benefit  from  any  teacher  or  any  employe  of  the  depart- 
ment, or  from  any  applicant  for  a  position  in  the  department,  shall 
forfeit  his  office  and  be  forever  disqualified  from  holding  any  position 
in  the  service  of  the  city;  and  this  provision  shall  not  be  construed  to 
relieve  such  person  from,  any  other  penalty,  but  shall  be  deemed  cumu- 
lative to  other  penalties  and  disabilities  for  such  acts  and  offenses. 

Sec.  124.  The  Board  of  Education  shall,  between  the  first  and 
tenth  days  of  June  of  each  year,  fix  a  schedule  of  salaries  for  teachers 
and  employes  of  the  School  Department,  to  take  effect  on  the  first  day 
of  July  following,  and  to  remain  in  force  during  the  fiscal  year. 

Sec.  125.  There  shall  be  a  City  Board  of  Examination,  which  shall 
have  the  authority  and  shall  be  constituted,  governed  and  compen- 
sated as  provided  in  Article  XVII.,  Chapter  III.,  Title  III.,  Part 
III.  of  the  Political  Code  and  all  acts  amendatory  thereof  and  supple- 
mental thereto  and  the  holders  of  the  certificates,  granted  by  the  Board 
of  Examination,  shall  be  entitled  to  the  same  protection  and  subject 
to  the  same  rules  and  regulations  as  are  provided  in  said  Article  XVII. 

[Note  I — The  portion  of  the  Political  Code  herein  referred  to  is  to 
be  found  in  Sections  1787  to  1794,  inclusive.] 

[Note  2 — The  Superior  Court  of  this  county  has  decided  that  the 
Constitution,  Art.  IX.,  Sec.  7,  does  not  require  the  holding  of  a  county 
certificate  to  render  a  teacher  eligible  to  employment  by  the  City  Board 
of  Education.  See  the  case  of  ''Campbell  vs.  Campbell,"  No.  4635. 
decided  Oct.  6,  1887;  Hamilton,  Judge.] 

Sec.  126.  It  shall  be  the  duty  of  the  Board  of  Education  immed- 
iately after  its  organization,  to  elect  a  City  School  Superintendent,  who 
shall  be  an  experienced  teacher,  and  whose  term  of  office  shall  be  four 
years.  The  City  School  Superintendent  may  appoint  an  assistant,  who 
shall  also  be  an  experienced  teacher,  and  whose  salary  shall  be  fixed 
by  the  Board. 

Sec.  127.  The  City  School  Superintendent  shall  act  as  Secretary 
and  book-keeper  of  the  Board  of  Education,  and  perform  the  clerical 


CITY  OF  OAKLAND,  CAL.  63 

duties  required  by  such  Board.  In  the  absence  of  the  Sup  rintendent 
and  his  assistant,  the  Board  of  Education  may  appoint  one  of  their 
own  number  to  act  as  Secretary.  It  shall  be  the  duty  of  the  Superintend- 
ent, for  good  and  sufficient  cause,  to  provisionally  suspend  any  teacher 
employed  in  the  schools  of  the  city  until  the  next  meeting  of  the 
Board.  It  shall  be  his  duty  to  report  to  the  Board  of  Education  an- 
nually, and  at  such  other  times  as  it  may  require,  all  matters  pertaining 
to  the  expenditures,  income  and  condition  and  progress  of  the  public 
schools  of  said  city  during  the  preceding  year,  with  such  recommenda- 
tions as  he  may  deem  proper,  to  visit  each  school  at  least  once  a  month, 
to  observe  and  cause  to  be  observed  such  general  rules  for  the  regu- 
lation, government  and  instruction  of  the  schools  as  may  be  established 
by  the  Board;  to  recommend  to  the  Board  for  good  cause  the  dis- 
missal of  teachers  and  the  cancellation  of  their  certificates,  stating  the 
reason  therefor;  to  attend  all  sessions  of  the  Board,  and  inform  them  at 
each  session  of  the  condition  of  the  public  schools,  school  houses. 
School  Fund  and  other  matters  connected  therewith,  and  recommend 
such  measures  as  he  may  deem  necessary  for  the  advancement  of  edu- 
cation in  the  city;  to  acquaint  himself  with  all  the  laws,  rules  and  regu- 
lations governing  the  public  schools  in  the  city,  and  the  judicial  decis- 
ions thereon,  and  give  advice  connected  with  the  public  schools,  gratui- 
tously, to  officers,  teachers,  pupils  and  their  parents  and  guardians. 

Sec.  128.  The  School  Fund  shall  consist  of  all  moneys  received 
from  the  State  and  County  School  Fund;  of  all  moneys  arising  from 
taxes,  which  shall  be  levied  annually  by  the  Council  for  school  pur- 
poses; of  all  moneys  arising  from  the  sale,  rent  or  exchange  of  any  ot 
the  school  property,  and  of  such  other  moneys  as  may,  from  any  source 
whatever,  be  paid  into  the  School  Fund,  which  fund  shall  be  separate 
and  distinct  from  all  other  moneys,  and  shall  only  be  used  for  school 
purposes  under  the  provisions  of  this  Charter.  If,  at  the  end  of  any 
fiscal  year,  any  surplus  remains  in  the  School  Fund,  such  surplus  shall 
be  carried  forward  to  the  School  Fund  of  the  next  fiscal  year,  and  shall 
not  be  for  any  purpose  whatever  diverted  or  withdrawn  from  said 
fund,  except  under  the  provisions  of  this  Charter. 

[Note. — By  the  general  law.  (Sec.  1617,  Political  Code,)  which 
supersedes  all  conflicting  Charter  provisions,  each  incorporated  city 
constitutes  a  school  dist^'ict  under  our  common  school  system,  and 
the  Board  of  Education  is  required  "to  pay  all  moneys  collected  b> 
them  from  any  source  whatever  for  school  purposes  into  the  County 
Treasury,"  to  be  placed  to  the  credit  of  the  School  Fund  of  the  city. 
The  County  Superintendent  of  Schools  is  required  to  apportion  to  such 
fund,  for  the  city  as  such  school  district,  its  proportion  of  the  school 
moneys  of  the  county  (Sec.  154,3,  Pol.  Code.)  On  the  order  of  the 
Board  of  Education,  it  is  the  duty  of  the  County  Superintendent  "to 
draw  his  requisition  upon  the  County  Auditor  for  all  necessary  ex- 


64  CHARTER  OF  THE 

penses  against  the  School  Fund  of  any  city,"  and  "upon  receipt  of 
such  requisition,  the  (County)  Auditor  shall  draw  his  warrant  upon 
the  County  Treasurer  in  favor  of  the  parties,  and  for  the  amounts 
stated  in  such  requisition."  (Sec.  1543,  Pol.  Code.)  See  Kennedy  vs. 
Miller,  97  Cal.,  429. 

An  attempt  was  made,  by  amendment  of  Sec.  1543,  Sub.  3,  Political 
Code,  in  1893,  Stats.  1893,  p.  240,  to  provide  for  the  drawing  out  of  the 
County  Treasury  in  a  lump  sum  of  all  school  moneys  apportioned  to 
any  city  therein,  but  this  amendment  was  declared  unconstitutional  in 
the  case  of  Bruch  vs.  Colombet,  104  Cal.,  347. 

Provision  for  the  maintenance  of  the  High  School  is  made  by  Sec. 
1670  of  the  Political  Code,  Stats.  1893,  P-  268,  as  amended,  Stat.  1895, 
p.  293,  and  Stat.  1897,  p.  79,  under  which  a  special  city  tax  levy  is 
made,  the  money  so  raised  to  be  paid  into  the  City  Treasury 
to  the  credit  of  the  High  School  Fund,  and  to  be  paid  out 
upon  warrant  of  the  Board.  As  to  High  Schools,  see  also  Section  112 
of  this  Charter,  ante,  and  also  Section  114,  Subd.  22,  ante.] 

Sec.  129.  The  School  Fund  shall  be  used  and  applied  by  the 
Board  of  Education  for  the  following  purposes,  to-wit: 

1.  For  the  payment  of  the  salaries  or  wages  of  the  Superintend- 
ent, Assistant  Superintendent,  teachers,  janitors,  School  Census  Mar- 
shals and  other  persons  who  may  be  emploj'^ed  by  said  Board. 

2.  For  the  erection,  alteration,  repairs,  rent  and  furnishing  of 
school  houses. 

3.  For  the  purchase  money  or  rent  of  any  real  or  personal  prop- 
erty purchased  by  or  leased  to  said  Board. 

4.  For  the  discharge  of  all  legal  incumbrances  on  any  school 
property. 

5.  For  lighting  and  heating  the  schoolrooms  and  the  offices  and 
rooms  of  the  Superintendent  and  Board  of  Education. 

6.  For  supplying  the  schools  with  fuel,  water,  apparatus,  blanks, 
blank  books  and  necessary  school  appliances,  together  with  books  for 
indigent  children. 

7.  For  supplying  books,  printing  and  stationery  for  the  use  of  the 
Superintendent,  Board  of  Education  and  Board  of  Examination  and 
for  the  incidental  expenses  of  the  department. 

8.  For  grading  and  improving  school  lots,  and  for  grading,  sewer- 
ing, planking  or  paving  and  repairing  streets,  and  constructing  and 
repairing  sidewalks  in  front  theieof. 

Sec  130.  All  claims  payable  cut  of  the  School  Fund  shall  be  filed 
with  the  Secretary  of  the  Board,  and  after  thev  shall  have  been  ap- 
proved by  a  majority  of  all  the  members  elected  to  said  Board,  upon  a 
call  of  the  ayes  and  noes,  which  shall  be  recorded,  they  shall  be  signed 
by  the  President  of  the  Board  and  by  the  City  School  Superintendent. 
Every  demand  shall  have  indorsed  upon  it  a  certificate  of  its  approval. 
All  demands  for  salaries  shall  be  paid  monthly,  and  all  claims  payable 


CITY  OF  OAKLAND,  CAL.  65 

out  of  the  School  Fund  shall  be  by  warrant,  signed  by  the  President  and 
Secretary  of  the  Board. 

Sec.  131.  All  demands  authorized  by  this  article  shall  be  paid  by 
the  Treasurer  from  the  School  Fund,  when  the  same  shall  be  pre- 
sented to  him,  approved  by  the  Board  and  duly  audited  by  the  Auditor- 
provided  that  no  demand  shall  be  paid  except  upon  such  a  warrant  as 
aforesaid,  duly  indorsed  by  the  payee  named  therein;  and  provided 
further,  that  the  said  Board  shall  not  have  power  to  contract  any  debts 
or  liabilities,  in  any  form  whatsoever,  against  the  city  in  contraven- 
tion of  this  article  or  exceeding  in  any  year  the  income  and  revenue 
provided  for  the  School  Fund  for  such  year. 

[Note — See  note  to  Section  128  ante;  Section  131  construed,  in 
re  Wetmore,  99  Cal.,  148.] 

Sec.  132.  In  case  of  disaster  from  fire,  riot,  earthquake  or  public 
enemy,  the  Board  of  Education  may,  with  the  approval  of  the  Mayor 
and  Council,  incur  extraordinary  expenditures  in  excess  of  the  annual 
limit  provided  by  law  and  in  this  Charter  for  the  repair,  construction 
and  furnishing  of  school  houses;  and  the  Council  may  by  ordinance 
cause  to  be  transferred  to  the  School  Fund  from  moneys  in  any  other 
fund  not  otherwise  appropriated  sufficient  moneys  to  liquidate  such 
extraordinary  expenditure. 

PUBLIC  LIBRARIES. 

Sec.  133.  There  shall  be  maintained  in  the  City  of  Oakland  free 
public  libraries  and  reading  rooms,  as  provided  for  by  the  Act  of  the 
Legislature  of  this  State  entitled  "An  Act  to  Establish  Free  Libraries 
and  Reading  Rooms,"  approved  April  26,  1880,  and  such  other  Acts 
of  the  Legislature  as  may  be  hereafter  enacted,  amendatory  thereof 
and  supplemental  thereto. 

[Note. — The  Act  of  the  Legislature  referred  to  in  the  foregoing 
section  of  the  Charter  (  Stats.  1880,  State  Ed.  p.  231,  Banc.  Ed.  p.  524) 
is  as  follows: 

An  Act  to  establish  free  public  libraries  and  reading  rooms. 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  i.  For  the  purposes  of  this  Act,  cities  of  this  State  are 
classified  as  follows: 

1.  Cities  of  less  than  one  hundred  thousand  population. 

2.  Cities  of  more  than  one  hundred  thousand  population. 

Sec.  2.  The  municipal  authorities  of  any  incorporated  city  of  this 
State  are  authorized  and  empowered  by  a  resolution  duly  passed  for 
that  purpose  to  levy  and  collect,  as  in  other  cases,  annually,  a  tax  not 
to  exceed  one  mill  on  the  dollar  for  the  purpose  of  establishing  and 


66  CHARTER  OF  THE 

maintaining  in  such  city  free  public  libraries  and  reading  rooms,  and 
purchasing  such  books,  journals  and  other  publications,  purchasing 
and  leasing  such  real  and  personal  property  and  erecting  such  buildings 
as  may  be  necessary  therefor. 

Sec.  3.  All  money  and  revenue  paid,  collected  or  received  by 
authority  of  anything  herein  contained,  whether  by  taxation,  gift, 
devise,  bequest  or  otherwise,  shall  belong  to  and  be  known  and  desig- 
nated as  the  "Library  Fund,"  and  shall  be  paid  into  the  proper  city 
treasury  and  there  kept  separate  and  apart  from  other  funds,  and  be 
drawn  therefrom  as  hereinafter  provided,  but  only  to  be  used  and  ap- 
plied to  the  purposes  herein  authorized. 

Sec.  4.  All  property,  real  and  personal,  acquired  by  purchase,  gift, 
devise,  bequest  or  otherwise,  under  the  provisions  of,  or  for  any  pur- 
pose authorized  by,  this  Act,  shall  vest,  be  and  remain  in  the  proper 
city,  and  may  be  protected,  defended  and  sued  for  by  action  at  law  or 
otherwise  in  the  name  of  such  city,  as  in  other  cases. 

Sec.  5.  In  a  city  of  less  than  one  hundred  thousand  population, 
five  Trustees  shall  be  elected  at  the  same  time  and  in  the  same  manner 
as  the  other  town  officers  are  elected.  They  shall  hold  office  the  same 
length  of  time  to  carry  into  efifect  the  provisions  of  this  Act. 

Sec.  6.  In  a  city  of  more  than  one  hundred  thousand  population, 
the  Mayor  or  other  chief  executive  officer,  during  his  continuance  in 
office,  and  eleven  citizens  thereof,  to  be  appointed  by  the  Governor  of 
this  State,  shall  constitute  the  first  Board  of  Trustees  of  any  library 
or  reading  room  established  or  acquired  in  such  city  under  this  Act. 

Sec.  7.  The  office  of  the  Trustee  shall  be  honorary,  without  salary 
or  other  compensation,  and  shall  continue  during  good  behavior;  but 
for  good  cause  a  Trustee  may  be  removed  from  office  by  proceedings 
in  the  Superior  Court  in  behalf  of  the  proper  city  in  manner  provided 
for  the  removal  from  office  of  other  city  officers. 

Sec.  8.  The  Trustees  of  any  library  or  reading  room  established 
or  acquired  by  authority  of  this  Act  shall  take  charge  of  the  same  and 
of  all  real  and  personal  properly  thereunto  belonging,  or  that  may  be 
acquired  by  loan,  purchase,  gift,  devise  or  otherwise.  They  shall  meet 
for  business  purposes  on  the  first  Tuesday  of  each  month,  and  at  all 
such  other  times  as  they  may  appoint,  at  a  place  to  be  provided  for 
the  purpose,  and  a  majority  of  all  their  number  may  constitute  a  quorum 
for  business.  They  may  appoint  one  of  their  number  to  act  as  Presi- 
dent of  their  Board,  and  may  elect  a  Librarian.  They  shall  also 
elect  a  Secretary,  who  shall  keep  a  full  statement  and  account  of  all 
the  property,  money,  receipts  and  expenditures,  and  a  record  and  full 
minutes  in  writing  of  all  their  proceedings.  The  Secretary  may  certify 
to  such  proceedings,  or  any  part  or  portion  thereof  under  his  hand, 
verified  by  an  official  seal  adopted  and  provided  by  the  Trustees  for 
that  purpose 

Sec.  9.     Such  Trustees,  by  a  majority  vote  of  all  their  members. 


CITY  OF  OAKLAND,  CAL.  67 

to  be  recorded  in  the  minutes  with  the  ayes  and  noes  at  length,  shall 
have  power, 

First — To  make  and  enforce  all  rules,  regulations  and  by-laws 
necessary  for  the  admmistration,  government  and  protection  of  suoh 
library  and  reading  room,  and  all  property  belonging  thereto,  or  that 
may  be  loaned,  devised,  bequeathed,  or  donated  to  the  same. 

Second — To  exercise  and  admmister  any  trust  declared  or  created 
for  such  library  or  reading  room,  and  to  provide  memorial  tablets  and 
niches  to  perpetuate  the  memories  of  those  persons  who  may  make 
valuable  donations  thereto. 

Third — To  remove  any  Trustee  who  may  neglect  to  attend  the 
meetings  of  the  Board  of  Trustees,  or  who  may  absent  himself  from 
such  meetings,  or  without  the  consent  of  the  Board  from  the  State  for 
three  consecutive  months;  and  to  fill  all  vacancies  that  may  from  any 
cause  occur  in  the  Board. 

Fourth — To  define  the  powers  and  describe  the  duties  of  any  and 
all  officers,  determine  the  number,  and  elect  all  necessary  subordinate 
ofificers  and  assistants,  and  at  their  pleasure  remove  any  oiticer  and 
assistant. 

Fifth — To  purchase  necessary  books,  journals,  publications,  and 
other  personal  property. 

Sixth — To  order  the  drawing  and  payment,  upon  properly  authen- 
ticated vouchers,  duly  certified  by  the  President  and  Secretary,  ot 
money  from  out  the  Library  Fund  for  and  liability  or  expenditure 
herein  authorized;  and  generally  to  do  all  that  may  be  necessary  to 
fully  carry  into  effect  the  provisions  of  this  Act. 

Seventh — To  fix  the  salary  of  the  Librarian,  Secretary  and  other 
subordinate  officers  and  assistants,  and  by  and  with  the  consent  and  ap- 
proval of  the  legislative  or  other  proper  authority  of  the  proper  city, 
expressed  by  resolution  duly  passed,  to  purchase  said  real  estate,  erect 
and  equip  such  buildings  as  may  be  necessary  for  such  library  and 
reading  room. 

Sec.  10.  The  orders  and  demands  of  the  Trustees  of  any  such 
library  or  reading  room  of  any  city,  then  duly  made  and  authenticated 
as  above  provided,  shall  be  verified  and  audited  by  the  auditing  officer 
and  paid  by  the  Treasurer  of  said  city  out  of  the  Library  Fund  prop- 
erly belonging  thereto,  of  which  full  entry  and  record  shall  be  kept  as 
in  other  cases.  . 

Sec.  II.  .  The  Trustees  of  such  library  or  reading  room,  on  or 
before  the  first  Monday  of  July  of  each  year,  shall  make  an  annual 
report  to  the  municipal  authorities  of  their  city,  giving  the  condition 
of  their  trust,  with  full  statements  of  all  property  and  money  received, 
whence  derived,  how  used  and  expended;  the  number  of  books,  journals 
and  other  publications  on  hand,  the  number  added  by  purchase,  gift 
or  otherwise  during  each  year,  the  number  lost  or  missing,  the  number 
and  character  of  those  loaned,  and  such  other  stati.stics,  information 


68  CHARTER  OF  THE 

and  suggestions  as  may  be  of  general  interest.  A  financial  report 
showing  all  receipts  and  disbursements  of  money  shall  be  made  by 
the  Secretary  of  the  Board  of  Trustees,  duly  verified  by  his  oath. 

Sec.  12.  The  proper  municipal  authorities  of  any  city  wherein  a 
public  library  or  reading  room  may  be  established  shall  have  power  to 
pass  ordinances  for  the  protection  of  the  same  and  all  property  thereto 
belonging,  and  for  imposing  penalties  for  the  punishment  of  persons 
committing  injury  to  such  library  or  reading  room,  or  the  property  or 
books  thereof,  or  for  failure  to  return  any  book  or  other  property  be- 
longing thereto.  They  shall  also  have  power,  by  a  resolution  duly 
passed  for  such  purpose;  to  grant,  donate,  authorize  the  use  of  either, 
in  whole  or  in  part,  any  land,  square  or  real  estate  belonging  to  such 
city  or  town,  or  dedicated  to  public  use  therein,  for  the  purpose  of 
erecting  and  maintaining  a  building  to  be  used  only  for  a  public  library 
and  reading  room  as  herein  authorized. 

Sec.  13.  The  words  "city"  or  "cities,"  wherever  used  in  this  Act, 
are  intended  to  and  shall  include  all  incorporated  cities  and  towns,  and 
cities  and  counties  with  consolidated  government,  and  shall  be  con- 
strued accordingly. 

Sec.  14.  An  Act  entitled  "An  Act  to  establish  and  maintain  free 
public  libraries  and  reading  rooms,"  approved  March  the  eighteenth, 
eighteen  hundred  and  seventy-eight,  is  hereby  repealed.  All  libraries 
and  reading  rooms  heretofore  established  by  authority  of  the  last  men- 
tioned Act  in  any  city  or  town,  or  city  and  county,  and  all  property, 
real  or  personal,  thereto  belonging,  shall  be  turned  over  to  the  charge, 
custody  and  administration  of  such  Trustees  as  may  be  continued  or 
appointed  therein  respectively  under  the  provisions  of  this  Act,  with 
like  powers  and  liabilities,  as  if  such  library  had  been  established  under 
this  Act. 

Sec.  15.  This  Act  shall  lake  effect  on  the  first  day  of  May,  A.  D. 
eighteen  hundred  and  eighty.] 


ARTICLE  VIII. 
Reves^ue  and  Taxation. 


Sec.  134.  On  or  before  the  last  Monday  of  August  in  each  year 
the  Auditor  shall  prepare  and  transmit  to  the  Council,  accompanied 
with  the  estimates  and  reports  of  each  department,  which  he  shall 
require  to  be  delivered  to  him,  an  estimate  of  the  probable  necessities 


CITY  OF  OAKLAND,  CAL.  69 

of  the  city  for  the  current  fiscal  year,  giving  the  amount  required  to 
meet  the  interest  and  sinknig  funds  for  any  and  all  outsand- 
ing  funded  debts,  together  with  the  amount  needed  for  sal- 
aries and  probable  wants  of  all  the  departments  of  the 
municipal  government  in  detail,  and  showing  the  necessities 
of  each  of  the  several  funds  to  be  provided  for  in  the 
the  necessities  of  each  of  the  several  funds  to  be  provided  for  in  the 
Treasury.  The  estimate  shall  also  show,  as  nearly  as  may  be,  what 
amount  of  income  and  revenue  is  likely  to  accrue  to  the  Treasury,  and 
be  collected  from  the  fines,  licenses  and  all  other  sources  of  revenue, 
exclusive  of  tax  upon  property;  and  shall  give  an  estimate  of  what 
amount  will  be  required  to  be  levied  and  raised  by  tax  upon  all  property 
in  the  city,  in  order  to  meet  the  necessities  of  such  fiscal  year. 

[Note — As  to  extension  of  time,  see  Sec.  140  of  this  Charter,  post.] 

Sec.  135.  The  Council  shall,  before  fixing  the  rate  of  the  annual 
city  tax,  establish,  by  ordinance,  separate  funds,  representing  the  sev- 
eral funded  obligations  of  the  city,  if  any,  and  the  several  departments 
requiring  municipal  expenditures,  including  a  General  Fund;  and  the 
percentage  of  said  levy  shall  be  named  for  each  fund,  and  the  whole 
amount  of  taxes  and  revenue  of  the  city  apportioned  accordingly;  and 
no  transfer  shall  be  made  except  of  balances  in  excess,  or  from  the 
General  Fund  to  meet  deficiencies,  or  to  provide  for  the  redemption  oi 
city  bonds. 

Sec.  136.  The  Council  shall,  on  or  before  the  first  Monday  ot 
October  in  each  year,  by  ordinance,  fix  the  rate  of  taxes  to  be  levied, 
and  levy  the  taxes  upon  all  property,  both  real  and  personal,  in  the 
city,  necessary  to  raise  sufficient  revenue  to  carry  on  the  various  de- 
partments of  the  municipal  government  for  the  current  fiscal  year; 
provided,  that  the  rate  of  taxes  so  levied  shall  not  exceed,  in  any  year, 
one  dollar  for  each  one  hundred  dollars  upon  the  assessment  roTI, 
except  for  the  payment  of  the  principal  and  interest  of  the  bonded  debt 
of  the  city. 

[Note, — Compare  with  Sec.  3714,  Political  Code  as  to  County  levy.  J 

Sec.  137.  Except  as  in  this  article  otherwise  provided,  the  assess- 
ment of  property  taxable  in  the  city  for  municipal  purposes,  the  equal- 
ization of  assessments  and  collection  of  taxes,  and  the  sale  of  property 
for  unpaid  taxes  and  the  redemption  of  property  sold  for  taxes,  shall 
be  made  and  had  at  the  same  time  and  manner,  and  with  like  effect, 
as  now  or  may  be  hereafter  provided  by  law  for  the  assessment  of 
property,  equalization  of  assessments,  levy  and  collection  of  taxes  and 
sale  of  property  for  unpaid  taxes  for  State  and  county  purposes,  and 
redemption  thereof;  and  all  provisions  of  law  applicable  to  such  assess- 
ment, equalization,  levy,  collection  and  sale  for  State  and  county  pur- 
poses, are  hereby  applied  to  and  shall  be  the    law  governing    such 


70  CHARTER  OF  THE 

assessment,  equalization,  levy,  collection  and  sale  for  municiapl  pur- 
poses; and  the  respective  officers  of  the  city  shall  have,  possess  and 
perform  the  same  powers  and  duties  in  all  matters  concerning  revenue 
and  taxation  for  municipal  purposes  as  are  by  law  conferred  or  im- 
posed upon  county  officers  in  matters  concerning  revenue  and  taxation 
for  State  and  county  purposes;  and  to  that  end: 

1st— All  powers  and  duties  so  by  law  conferred  or  imposed  upon  the 
County  Assessor  are  hereby  conferred  and  imposed  upon  the  City 
Assessoi'. 

2d— All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  Board  of  Supervisors  are  hereby  conferred  and  imposed  upon  the 
Council. 

3d— All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  District  Attorney  are  hereby  conferred  and  imposed  upon  the 
City  Attorney. 

4th— All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  County  Tax  Collector  are  hereby  conferred  and  imposed  upon  the 
City  Tax  Collector. 

5th— All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  County  Treasurer  are  hereby  conferred  and  imposed  upon  the 
City  Treasurer. 

6th— All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  County  Clerk  or  County  Auditor  are  hereby  conferred  and  im- 
posed upon  the  City  Clerk  and  City  Audtior. 

The  Assessor  need  not  require  from  any  person  any  statement 
as  to  any  property  not  taxable  in  the  city,  nor  transmit  or  send  to 
any  officer  other  than  the  officers  of  the  city  any  statement  or  report 
whatsoever,  nor  make  any  record  or  entry  as  to  equalization  by  the 
State  Board  of  Equalization,  or  as  to  school,  road  or  other  districts. 

Sec.  138.  On  or  before  the  last  Monday  in  July  in  each  year  the 
Assessor  shall  complete  his  list,  or  assessment  roll,  and  shall  attach 
his  certificate  thereto,  and  deliver  it,  and  the  books,  and  any  maps  he 
may  have  accompanying  the  same,  and  all  the  original  lists  of  prop- 
erty given  to  him,  to  the  City  Clerk,  and  the  Clerk  shall  thereupon 
notify  the  Board  of  Equalization  and  the  taxpayers  of  the  fact  by  post- 
ing three  notices  specifying  the  time  of  the  meeting  of  said  Board  for 
the  purpose  of  equalizing  the  taxes.  Said  roll  shall  be  kept  open  in 
his  office  for  public  inspection. 

[Note  I.— In  the  engrossed  copy  of  the  joint  resolution  approving 
the  Charter,  the  word  "last"  at  the  beginning  of  this  section  was  re- 
placed by  the  word  "first"  (Stats.  i88g.  p.  559,),  although  the  reso- 
lution was  correct  as  introduced,  the  change  first  appearing  by  erasure 
in  Senate  Journal  No.  1,  p.  222.] 

[Note— 2.— As  to  extension  of  time,  see  Sec.  140,  post.] 


CITY  OF  OAKLAND,  CAI..  71 

[Note  3.— In  Buswell  vs.  Board  of  Supervisors,  116  Cal.,  351,  the 
Supreme  Court  in  construing  Sec.  3672  of  the  PoHtical  Code,  held  the 
provisions  of  said  sections,  as  to  time,  directory  only.] 

Sec.  139.  The  Assessor  must  make  the  abstract  provided  for  in 
Section  three  thousand  six  hundred  and  seventy-eight  of  the  Political 
Code.  Should  any  such  abstract  or  list  be  found  to  contain  any  instru- 
ment relating  to  lands  situated  partly  within  and  partly  without  the 
city,  it  shall  be  the  duty  of  the  Assessor  to  determine  the  proportion 
of  valuation  of  such  instrument  to  be  assessed  in  the  city  and  assess 
the  same  accordingly. 

Sec.  140.  The  Council  may,  by  an  order  entered  upon  its  journal 
extend  for  not  exceeding  thirty  days  the  time  fixed  in  this  article  for 
the  performance  of  any  act. 

Sec.  141.  The  Tax  Collector  must,  at  least  once  in  each  month, 
and  oftener,  if  required  by  the  Council,  settle  with  the  Auditor  and 
pay  into  the  Treasury  the  full  amount  of  money  received  by  him  for 
the  city. 

Sec.  142.  All  fines  and  forfeitures  arising  under  the  revenue  and 
taxation  laws,  as  applied  to  the  city,  may,  in  civil  cases,  be  recovered 
in  the  name  of  the  city,  and,  together  with  all  other  moneys  collected 
or  received  by  any  oiificer  of  Ihe  city  under  said  laws,  shall  be  for  the 
use  of  the  city.  When  real  estate  is  offered  for  sale  for  city  taxes  due 
thereon,  the  same  shall  be  struck  off  and  sold  to  the  city  in  like  case 
and  in  like  manner  and  with  like  effect  as  it  may  be  struck  off  or  sold 
to  the  State  when  offered  for  sale  for  State  or  county  taxes,  and  the 
Council  shall  have  the  same  powers  and  duties  in  relation  to  such 
property  as  is  by  law  given  to  the  State  Board  of  Equalization  in  case 
of  a  sale  to  the  State;  and  no  certificate  or  receipt  need  be  delivered  to 
the  State  Controller. 

Sec.  143.  The  Council  shall  have  and  exercise  the  powers  and 
duties  conferred  and  imposed  upon  the  State  Board  of  Equalization  by 
Section  three  thousand  eight  hundred  and  tvvelve,  and  three  thousand 
eight  hundred  and  fourteen  of  the  Political  Code,  or  by  any  Acts 
amendatory  thereof  or  supplemental  thereto. 

Sec.  144.  No  city  officer  shall  be  required  to  send  or  transmit 
any  statement  or  report  to  any  State  officer  or  Board. 

Sec.  145.  All  papers  and  instruments  required  to  be  filed  or  re- 
corded with  or  by  the  County  Recorder  by  the  revenue  and  taxation 
laws  shall,  under  said  laws  as  applied  to  the  city,  be  in  like  manner 
and  with  like  effect  filed  with  and  recorded  by  the  County  Recorder 
of  Alameda  county. 

Sec.  146.  The  Assessor  shall  be  governed,  as  to  the  amount  of 
taxes  to  be  by  him  collected  on  personal  property,  by  the  city  tax  rate 
of  the  previous  year. 

Sec.  147.  The  assessment  of  property  within  the  city,  made  by  the 
County  Assessor  of  Alameda  county  and  the  State  Board  of  Equaliza- 


72  CHARTER  OF  THE 

tion,  shall  be  the  basis  of  taxation  for  the  city,  as  provided  for  by 
Section  3671  of  the  PoHtical  Code;  provided,  that  if  any  property  in 
the  city  shall  not  be  assessed  by  the  County  Assessor,  the  City  Assessor 
shall  assess  and  enter  the  same  in  the  "Subsequent  Assessments,"  pro- 
vided tor  in  the  next  section. 

Sec.  148.  It  shall  be  the  duty  of  the  Assessor,  at  any  time  subse- 
quent to  the  first  Monday  in  July  and  prior  to  the  fourth  Monday  in 
August  of  each  year,  to  assess  any  property  which  shall  not  be  on  the 
regular  list,  and  he  shall  enter  such  assessment  in  a  separate  portion 
of  the  tax  list  or  assessment  roll,  under  the  head  of  "Subsequent  Assess- 
ments," and  shall  deliver  the  same,  certified  by  him,  or  a  true  copy 
thereof,  to  the  City  Clerk,  to  be  by  him  compared  with  the  entries  on 
the  assessment  roll. 

Sec.  149.  Whenever  the  Council  shall  determine  that  the  public 
interest  requires  the  construction  or  acquisition  or  completion  of  any 
permanent  municipal  building,  work,  sewer,  property,  water  rights, 
bridges  or  improvement,  the  cost  of  which,  in  addition  to  the  other 
expenditures  of  the  city,  will  exceed  the  income  and  revenue  provided 
for  in  any  one  year;  they  may  by  ordinance  submit  a  proposition  to 
incur  a  debt  for  such  purpose  and  proceed  therein  as  provided  in  Sec- 
tion 18  of  Article  XI.  of  the  Constitution  of  this  State  and  general 
law;  provided,  that  such  indebtedness  shall  not  bear  more  than  5  per 
cent,  interest  per  annum,  and  that  no  bond  issued  therefor  shall  be  sold 
for  less  than  par  value  and  to  the  highest  bidder,  after  advertising  for 
sealed  proposals  therefor.  Nor  shall  any  such  bonds  be  issued  or  sold 
during  any  one  year  in  excess  of  the  actual  expenditure  incurred  in  that 
year. 

[Note — For  the  general  law  as  to  issuance  of  bonds  for  parks  and 
boulevards,  see  Stats  1889,  p.  361;  for  other  municipal  improvements, 
see  Stats.  1889,  p.  399.  See  also  Sub.  40,  of  Sec.  31  of  this  Charter, 
ante. 


ARTICLE    IX. 
Police  and  Fire  Department. 


Sec.  150.  The  Police  and  FJre  Departments  shall  be  under  the 
management  of  a  Board  of  three  Commissioners.  The  members  of  the 
Board  of  Public  Works  shall  be  ex-officio  the  Board  of  Commissioners 
of  the  Police  and  Fire  Departments. 


CITY  OF  OAKLAND,  CAL.  73 

Sec  151.  Immediately  after  their  appointment  and  qualification  as 
Commissioners  of  the  Board  of  Public  Works,  they  shall  organize  as  a 
Board  of  Commissioners  of  the  Police  and  Fire  Departments,  and  elect 
one  of  their  number  President,  who  shall  hold  his  office  for  the  term  of 
one  year.  The  Secretary  of  the  Board  of  Public  Works  shall  act  as 
the  Secretary  of  the  Board  of  Police  and  Fire  Commissioners.  The 
Board  shall  establish  rules  and  regulations  governing  its  proceedings, 
and  for  the  regulation  and  conduct  of  its  officers,  clerks  and  employes, 
and  may  require  bonds  from  any  of  its  subordinates  for  the  faithful  per- 
formance of  their  duties. 

Sec  152.  The  Board  shall  hold  a  regular  meeting  at  least  once  a 
week,  and  special  meetings  at  such  other  times  as  it  may  appoint,  or  of 
which  the  President  may  give  notice.  The  regular  meetings  shall  be 
held  on  a  day  and  at  an  hour  fixed  by  resolution,  entered  upon  its  rec- 
ords, and  which  shall  not  be  changed  except  by  similar  resolution,  of 
which  notice  shall  be  posted  for  two  weeks.  The  meetings  of  the  Board 
shall  be  public;  two  members  shall  constitute  a  quorum,  and  the  votes 
of  two  members  shall  be  sufficient  to  pass  any  order  or  resolution;  pro- 
vided, however,  that  executive  sessions  may  be  held  in  special  cases  by 
unanimous  vote.  No  business  shall  be  transacted  at  a  special  or  ad- 
journed meeting  of  the  Board,  except  such  as  may  have  been  made  the 
special  order  of  business  for  such  meeting,  or  such  as  may  have  been 
under  consideration  at  the  meeting  from  which  the  adjournment  was 
had,  or  such  as  may  have  been  specified  in  the  notice  of  the  meeting. 
The  Board  shall  cause  to  be  kept  a  record  of  its  proceedings.  It  may 
when  it  shall  deem  it  expedient,  and  shall,  when  required  by  the  Coun- 
cil or  the  Mayor,  furnish  such  data  or  information  as  may  be  required. 

Sec.  153.  The  Secretary  of  the  Board  shall  keep  a  record  of  its 
transactions,  specifying  therein  the  names  of  the  Commissioners  pres- 
ent at  the  meetings,  and  giving  the  ayes  and  noes  upon  all  the  votes. 
Every  order  or  resolution  shall  be  recorded  at  length,  and  the  record 
shall  be  approved  by  the  Board.  The  Secretary  shall  perform  such 
other  duties  as  the  Board  shall  prescribe  or  direct. 

Sec.  154.  The  officers,  members  and  employes  of  said  Police  and 
Fire  Department  shall  be  appointed  by  said  Board,  but  no  appoint- 
ments or  removals  shall  be  made  for  political  reason,  nor  shall  any  re- 
moval be  made  except  for  cause  established  to  the  satisfaction  of  the 
Board. 

Sec.  155.    Said  Board  shall  have  power: 

1.  To  prescribe  the  qualifications,  duties,  badges  of  office  and  uni- 
forms of  the  officers,  members  and  employes  of  said  departments. 

2.  To  prescribe  rules  and  regulations  for  the  government  and  disci- 
pline of  the  same,  and  prescribe  and  enforce  penalties  for  their  viola- 
tion. 

3.  To  hear  and  summarily  determine  all  complaints  of  misconduct, 
inefficiency  or  violation  of  the  rules,  or  other  charge  against  any  officer, 


'74  CHARTER  OF  THE 

member  or  employe  of  said  departments,  and  to  take  such  action 
thereon  as  shall  be  most  conducive  to  the  maintenance,  discipline  and 
efficiency  of  such  dapartments. 

4.  To  appoint,  in  their  discretion,  special  policemen,  who  shall  be 
under  the  supervision  and  control  of  the  Chief  of  Police,  and  to  re- 
move the  same  at  pleasure;  provided,  however,  that  the  compensation 
of  said  special  policemen  shall  in  no  event  be  chargeable  to  the  city, 
unless  appointed  by  authority  of  the  Council. 

5.  To  make  all  necessary  rules  and  regulations  to  carry  into  exe- 
cution the  foregoing  powers  and  all  other  powers  vested  in  said  Board 
by  this  Charter,  or  by  any  ordinance  of  the  Council  passed  pursuant 
thereto,  or  by  the  Constitution  and  laws  of  this  State;  and,  in  general. 
to  manage  and  control  said  departments. 

Sec.  156.  The  Board  shall  have  the  custody  and  control  of  the 
houses,  engines,  hose  carts,  trucks,  ladders,  horses,  telegraph  lines, 
stables,  and  all  other  property  and  equipments  now  or  hereafter  used 
or  belonging  to  the  Police  or  Fire  Departments. 

Sec.  157.  The  Board  shall  annually,  on  or  before  the  last  Monday 
of  July,  report  to  the  Auditor  an  estimate  of  the  amount  of  money  that 
will  be  required  to  pay  all  salaries  and  expenses  of  the  Police  Depart- 
ment and  the  Fire  Department  and  of  the  Fire  Alarm  and  PoHce  Tele- 
graph for  the  ensuing  year,  specifying  in  detail  the  proper  items  for 
which  the  same  will  be  required. 

Sec.  158.  Each  claim  against  the  Police  Department  or  Fire  De- 
partment shall  be  approved  by  the  Board  in  open  session,  which  ap- 
proval shall  be  entered  in  the  minutes  of  the  Board.  No  such  claim 
shall  be  allowed  or  ordered  paid  by  the  Council  until  the  same  has  been 
so  approved  by  said  board,  and  has  indorsed  thereon  such  approval, 
authenticated  by  the  signatures  of  the  President  and  Secretary  of  the 

Board. 

Sec.  159.  The  Board  shall  determine  and  report  to  the  Council  as 
to  the  necessity  of  constructing  cisterns  and  erecting  hydrants  in  par- 
ticular localities,  the  necessity  for  additional  apparatus,  materials,  sup- 
plies, engines,  horses,  hooks  and  ladders;  and  also  as  to  alterations 
and  repairs  required,  and  as  to  materials  and  supplies  required  for  the 
efficient  working  of  the  Fire  Alarm  and  Police  Telegraph  hereinafter 
provided  for;  but  the  action  of  the  Board  with  respect  to  the  necessity 
of  these  matters  shall  be  -only  advisory  to  the  Council,  and  none  of  the 
matters  and  things  in  this  section  enumerated  shall  be  done  or  pro- 
vided until  the  same  shall  have  been  authorized  by  the  Council.  All 
contracts  let  and  work  ordered  for  said  Police  and  Fire  Departments, 
and  said  Fire  Alarm  and  Police  Telegraph,  shall  be  let  and  ordered  by 
the  Board  of  Public  Works;  and  the  Board  of  Public  Works  shall  see 
that  the  same  are  faithfully  carried  out  and  performed;  provided,  how- 
ever, that  the  Board  of  Police  and  Fire  Commissioners  shall  have 
power  to  make  repairs  upon  engines  and  other  property  in  their  cus- 


CITY  OF  OAKLAND,  CAL.  75 

tody  and  under  their  control,  when  the  necessity  for  such  repairs  is 
urgent  and  the  cost  thereof  does  not  exceed  the  sum  of  fifty  dollars. 

Sec.  160.  The  Council  shall  maintain  a  Fire  Alarm  and  Police 
Telegraph,  which  shall  be  in  charge  of  the  Board  of  Police  and  Firs 
Commissioners,  who  shall  manage  and  control  the  same  and  appoint 
the  Superintendent  thereof  in  like  manner  with  other  employes  of  the 
Police  and  Fire  Departments. 

Sec.  161.  The  Police  Department  shall  consist  of  a  Chief  of  Police 
and  such  Captains,  detectives  and  other  policemen,  not  exceeding  in 
the  aggregate  forty,  as  the  Board  may  determine  to  be  necessary.  The 
Fire  Department  shall  consist  of  a  Chief  Engineer  and  as  many 
drivers,  hosemen  and  other  employes,  not  exceeding  in  the  aggregate 
seventy,  as  the  Board  may  deteimine  to  be  necessary.  The  Board 
may,  with  the  consent  of  the  Council,  evidenced  by  ordinance,  add  to 
the  above  numbers  from  time  to  time,  should  the  increase  of  popu- 
lation and  public  interest  so  require. 

Sec.  162.  Any  officer  or  member  of  the  Police  or  Fire  Depart- 
ments or  of  the  Fire  Alarm  and  Police  Telegraph,  other  than  the 
Police  and  Fire  Commissioners,  guilty  of  any  legal  oflfense  or  neglect 
of  duty,  violation  of  rules,  or  neglect  or  disobedience  of  orders,  or 
absence  without  leave,  or  conduct  injurious  to  the  public  peace  or 
welfare,  or  detrimental  to  the  efficiency  of  the  department  of  which  he 
may  be  an  officer  or  member,  or  breach  of  discipline  or  efficiency,  or 
(in  case  of  a  police  officer)  of  conduct  unbecoming  an  officer,  shall 
be  liable  to  be  punished  by  reprimand,  forfeit  of  pay  for  a  specified  time, 
suspension  or  dismissal  from  the  department  of  which  he  may  be  an 
officer  or  member;  but  not  more  than  thirty  days'  pay  shall  be  for- 
feited for  any  one  oflfense.  All  moneys  so  forfeited  shall  be  paid  into 
a  fund,  to  be  established  and  maintained,  under  such  regulations  as 
the  Board  may  adopt,  for  the  benefit  of  the  sick  and  disabled  mem- 
bers and  the  families  of  deceased  members  of  the  department  of  which 
the  accused  my  be  an  officer  or  member.  The  Board  shall  annually 
render  to  the  Council  a  verified,  itemized  account  in  writing  of  all 
moneys  so  received  and  disbursed  during  the  preceding  year. 

Sec.  163.  In  all  investigations  or  trials  conducted  by  said  Board, 
the  President  thereof  shall  have  the  power  to  issue  subpoenas  for  the 
attendance  of  witnesses  and  production  of  'papers  before  it.  Such 
subpoenas  shall  be  served  by  any  policeman.  Any  member  of  the 
Board  may  administer  oaths  and  affirmations  in  the  conduct  of  said 
investigations. 


76  CHARTER  OF  THE 

ARTICLE  X. 
Health  Department. 


Sec,  164.  There  shall  be  a  Health  Department  under  the  manage- 
ment of  a  Board  of  Health,  to  consist  of  five  members,  who  shall  be 
appointed  by  the  Mayor,  and  whose  terms  of  office  shall  be  two  years. 
The  members  of  said  Board  must  be  residents  of  the  City  of  Oakland, 
physicians  in  good  standing  and  graduates  of  some  medical  college. 
Sec.  165.  The  members  first  appointed  shall,  immediately  after 
their  appointment  and  qualification,  so  classify  themselves  by  lot,  that 
two  of  them  shall  go  out  of  office  at  the  end  of  one  year,  and  three  of 
them  at  the  end  of  two  years,  after  their  appointment.  They  shall 
elect  one  of  their  members  as  President  of  the  Board,  who  shall  hold 
office  for  one  year.  Any  member  failing  to  qualify  within  ten  days  after 
his  appointment  shall  be  deemed  to  have  declined  the  office,  and  a 
new  appointment  shall  be  made.  Three  members  shall  constitute  a 
quorum  for  the  transaction  of  business.  No  measure  shall  be  passed 
without  the  concurrence  of  a  majority  of  the  whole  Board.  The  mem- 
bers of  said  Board  shall  receive  no  compensation. 

Sec.  166.  The  Board  of  Health  shall  be  provided  by  the  Council 
with  a  suitable  office,  which  shall  be  known  as  the  Health  Office,  in 
which  they  shall  hold  their  official  meetings  at  least  once  a  month, 
and  also  whenever  requested  in  writing  by  three  members  of  the 
Board,  or  by  the  Presiednt  thereof. 

[Note — See  Sec.  196  post] 

Sec.  167.  The  Board  of  Health,  subject  to  the  ordinances  of  the 
Council,  shall  have  general  supervision  of  all  matters  appertaining  to 
the  sanitary  condition  of  the  city,  including  the  sewers,  jails,  hos- 
pitals and  all  public  city  institutions. 

Sec.  168.  The  Board  shall,  on  or  before  the  first  Monday  of  July, 
make  an  annual  report  of  the  aflfairs  of  the  Health  Department  to  the 
Council  and  shall  include  therein  the  annual  report  of  the  Health 
Officer;  and  shall  at  the  same  time  furnish  the  Auditor  a  detailed 
statement  of  the  amount  of  money  that  will  be  required  for  the  Health 
Department  during  the  ensuing  fiscal  year;  and  the  Council  may  pro- 
vide for  the  raising  of  such  amount,  or  so  much  thereof  as  in  their  judg- 
ment may  be  necessary.  All  expenditures  of  the  Board  shall  be  subject 
to  allowance  by  the  Council  in  the  same  manner  as  the  expenditures 
of  other  branches  of  the  municipal  government. 


CITY  OF  OAKLAND,  CAL.  77 

Sec.  169.  The  Board  shall  appoint  and  may  remove  at  pleasure  a 
Health  Officer,  who  shall  also  act  as  City  Physician,  and  whose  com- 
pensation shall  be  fixed  by  the  Council.  He  must  be  at  least  thirty 
years  of  age,  a  graduate  of  a  regular  medical  college  and  a  resident 
for  three  years  in  the  city.  He  must  reside  within  the  city  limits,  and 
must  execute  an  official  bond  in  such  sum  as  the  Council  may  direct. 

The  Board  may  appoint  and  remove  at  pleasure  a  Secretary,  who 
shall  keep  a  record  of  the  proceedings  of  the  Board,  and  perform  such 
other  duties  as  may  be  prescribed  by  the  Board,  and  whose  compen- 
sation shall  be  fixed  by  the  Council. 

Sec.  170.  The  Health  Officer  shall  be  the  executive  officer  of  the 
Board,  and  shall  see  that  all  laws  and  ordinances  relating  to  the  public 
health,  and  the  rules  and  regulations  of  the  Board  of  Health  are  en- 
forced. He  must  make  to  the  Board  an  annual  report  of  the  affairs  of 
his  office,  including  mortuary  and  other  statistics,  with  such  general 
observations  as  in  his  judgment  might  benefit  the  sanitary  condition  of 
the  city.  He  shall  in  person  visit  once  in  each  quarter  all  the  public 
schools  and  other  public  institutions  in  the  city.  During  such  visitiS 
he  shall  examine  the  buildings  in  regard  to  the  manner  in  which  they 
are  lighted,  ventilated,  heated,  and  particularly  in  regard  to  their  sani- 
tary condition.  In  the  months  of  January,  April,  July  and  October, 
he  shall  report  to  the  Board  the  result  of  his  examinations. 

Sec.  171.  Whenever  it  shall  be  certified  to  the  Board  of  Health 
by  the  Health  Officer  that  any  building  or  part  thereof  is  unfit  for 
human  habitation  by  reason  of  its  being  so  infected  with  disease,  or 
from  other  causes,  as  to  be  likely  to  cause  sickness  amongst  its  occu- 
pants, said  Board  may  issue  an  order,  and  cause  the  same  to  be  affixed 
conspicuously  on  the  building,  or  front  thereof,  and  to  be  personally 
served  upon  the  owner,  agent  or  lessee,  if  the  same  can  be  found,  re- 
quiring all  persons  therein  to  vacate  such  building  for  the  reasons  to 
be  stated  therein  as  aforesaid.  Such  building  or  part  thereof,  shall 
within  ten  days  thereafter,  be  vacated,  or  within  such  shorter  time, 
not  less  than  twenty-four  hours,  as  in  said  notice  may  be  specified; 
but  said  Board,  if  it  should  become  satisfied  that  the  danger  from  the 
building  or  part  thereof  has  ceased  to  exist,  may  revoke  said  order. 

[Note — See  Ordinance  No.  1532.] 

Sec.  172.  Every  physician  in  the  city  shall  immediately  report 
to  the  Health  Office,  in  writing,  every  patient  he  shall  have  sick  ot 
typhus,  ship  or  yellow  fever,  Asiatic  cholera  or  smallpox,  and  shall 
report  to  the  Health  Office  every  death  from  such  disease,  immed- 
iately after  it  shall  have  occurred.  Also,  every  householder  in  said 
city  shall  forthwith  report  in  writing  to  the  Health  Office  the  name  of 
every  inmate  of  his  or  her  house,  whom  he  or  she  shall  have  reason  to 
believe  sick  of  typhus,  ship  or  yellow  fever,  cholera  or  smallpox,  and 
any  deaths  occurring  at  his  or  her  house  from  such  diseases. 


78  CHARTER  OF  THE 

[Note — See  Ordinance  No.  1293.] 

Sec.  173.  The  Health  Officer  shall  immediately  report  to  the 
City  School  Superintendent  the  names  and  residences  of  every  person 
sick  of  typhus,  ship  or  yellow  fever,  Asiatic  cholera  or  smallpox,  or 
any  other  contagious  disease  he  may  deem  dangerous  to  public  health; 
and  it  shall  be  the  duty  of  the  City  School  Superintendent,  when  so 
notified  of  the  residence  of  any  person,  sick  of  any  of  the  diseases 
enumerated,  to  refuse  admittance  to  the  public  schools  to  any  member 
of  a  household,  one  or  more  of  whose  inmates  are  sick  of  any  of  the 
aforesaid  diseases;  provided,  that  the  parties  excluded  shall  be  re- 
admitted upon  presenting  a  certificate  from  the  Health  Officer  that 
there  is  no  longer  any  danger  from  contagion. 

Sec.  174.  Whenever  a  case  of  smallpox  or  Asiatic  cholera,  or 
yellow  fever  is  reported  to  the  Health  Officer,  he  shall  immediately 
visit  the  premises  where  the  person  is;  and  the  said  Health  Officer, 
upon  personal  inspection,  shall,  in  case  of  smallpox,  Asiatic  cholera 
or  yellow  fever,  immediately  cause  to  be  displayed  a  quarantine  flag 
in  a  conspicuous  place  on  said  premises,  and  put  upon  the  doorway  of 
houses  infected  with  such  diseases,  a  placard  setting  forth  the  fact, 
the  same  to  remain  during  the  continuance  of  the  disease  on  said 
premises. 

Sec.  175.  The  Board  may  locate,  establish  and  maintain  Pest- 
houses,  and  discontinue  and  remove  the  same,  when  and  where  such 
location,  establishment  and  maintenance  or  discontinuance  and  re- 
moval may  be  necessary  to  the  preservation  of  public  health.  They 
may  appoint  and  remove  at  pleasure  such  physicians  and  nurses  (whose 
compensation  shall  be  fixed  by  the  Council)  for  said  Pesthouses  as 
may  be  necessary  to  maintain  the  efficiency  of  the  same  and  comfort 
of  the  inmates;  and  may  cause  to  be  removed  thereto  and  kept,  any 
person  affected  within,  the  limits  of  the  city,  with  smallpox,  Asiatic 
cholera  or  yellow  fever;  provided,  that  no  person,  unless  he  is  unable 
or  refuses  to  maintain  such  quarantine  as  may  be  prescribed  by  reso- 
lution of  the  Board,  shall  be  so  removed  to  any  Pesthouse.  The 
Board  may  make  all  rules  and  regulations  regarding  the  conduct  of  said 
Pesthouses  as  may  be  needful.  No  person  shall  remove  a  patient 
affected  with  such  disease  from  any  house  or  place  within  the  limits  of 
the  city  to  any  other  house  or  place,  without  the  permission  of  the 
Health  Officer. 

Sec.  176.  The  Board  may  proclaim  such  quarantines  and  establish 
and  declare  such  quarantine  districts  and  grounds  and  the  boundaries 
thereof  as  may,  in  their  judgment,  be  necessary  for  the  preservation  of 
public  health;  and  may,  when  deemed  necessary,  require  all  vessels, 
railroad  cars  or  other  public  conveyances,  before  the  same  shall  land 
or  stop  at  any  landing,  depot  or  stopping  place  in  the  city,  to  stop  or 
touch  at  any  or  either  of  the  districts,  grounds  or  boundaries  so  se- 


CITY  OF  OAKLAND,  CAL.  79 

lected,  and  established  for  quarantine  purposes,  and  leave  all  such  per- 
sons with  their  stores  and  baggage,  as  in  the  opinion  of  the  Health 
Officer  or  physician  stationed  at  such  quarantine  sites,  places  or  bound- 
aries, shall  be  deemed  proper  on  account  of  the  existence  or  general 
report  of  Asiatic  cholera,  smallpox  or  yellow  fever. 

[Note — See  Ordinance  No.  1456.] 

Sec.  177.  The  said  Board  shall  make  such  rules  and  regulations 
for  the  government  of  the  quarantine  or  the  health  of  the  city,  as  from 
time  to  time  they  shall  deem  necessary,  and  the  physicians  or  healtb 
officers  in  charge  of  any  quai-antine  station  or  place,  shall  have  power 
to  make  and  enforce  such  regulations  as  may  be  necessary  for  the 
proper  management  thereof;  and  it  shall  be  the  duty  of  all  persons 
in  quarantine,  and  all  agents,  officers,  policemen  or  others  employed 
by  the  city  in  and  about  said  quarantine  stations  or  places,  to  carry 
out  and  obey  the  same. 

Sec.  178.  The  Board  of  Health  shall  cause  to  be  kept  a  record  of 
all  births  and  deaths  occurring  in  said  city;  such  records  must  be 
kept  in  the  Health  Office,  and  shall  be  open  for  inspection  of  any  per- 
son during  office  hours.  All  physicians  and  midwives  in  the  city  shall 
report  to  the  Health  Office,  on  or  before  the  fifth  of  each  month,  all 
births  occurring  in  his  or  her  practice  during  the  previous  month. 

[Note — See  ordinance  No.  1348.  As  to  death  certificates,  see  Or- 
dinance No.  1331.] 

Sec.  179.  No  person  shall  deposit  in  any  cemetery  the  body  of 
any  human  being  who  has  died  in  the  city,  or  remove  the  same  from 
within  the  limits  of  the  city,  without  having  first  obtained  and  filed  at 
the  Health  Office  a  certificate,  signed  by  a  physician  or  Coroner,  set- 
ting forth  as  nearly  as  possible  the  name,  age,  sex,  color,  place  of 
birth,  occupation,  date,  locality  and  cause  of  death  of  deceased,  and 
obtained  from  the  Health  Officer  a  permit  in  writing  therefor,  for 
burial  or  other  purposes.  Physicians,  when  deaths  occur  in  their 
practice,  must  give  the  certificate  herein  mentioned,  unless  the  physi- 
cian believes  the  death  to  be  a  proper  case  for  investigation  by  the 
Coroner. 

[Note — See  Ordinance  No.  1331.] 

No  body  of  a  human  being  who  has  died  without  the  limits  of  the 
city,  and  no  body  or  remains  of  a  deceased  person  exhumed  or  taken 
from  any  grave,  vault  or  other  place  of  burial  or  deposit,  within  or 
without  the  city,  shall  be  transported  in  or  through  the  streets  or 
highways  of  the  city,  unless  the  person  or  pefsons  transporting  such 
body  or  remains  shall  first  obtain  from  the  Health  Officer  a  permit  in 
writing  therefor,  which  shall  accompany  the  body  or  remains. 


^°  CHARTER  OF  THE 

[Note-See  Ordinance  No.  1331;  also  Ordinance  No.  1360.] 
Sec.  180     The  permits  in  the  last  section  may  be  granted,  in  the 
discretion  of  the   Board  of  Health,   under  such  general   restrictions 
and  conditions  as  the  Board  may  prescribe.    The  Heahh  Officer  shall 
prepare  a  book  of  blank  permits,  in  proper  form  and  consecutively 
numbered,  containing  stubs  on  which,  as  well  as  in  the  permit,  shall 
be  entered  a  record,   giving  the  name,   age,  sex.   nativity,   place   of 
burial,  and  destination  of  remains  to  be  transported  or  removed. 
_       Sec.  181.    The  Board  of  Health  must  exercise  a  general  supervis- 
ion over  the  death  records  of  the  city,  and  may  adopt  such  forms  and 
regulations,   not   inconsistent   with   law  and   the   ordinances   of   the 
Council,  for  the  use  and  government  of  physicians,  undertakers  and 
superintendents  of  cemeteries,  as  in  their  judgment  may  be  best  cal- 
culated to  secure  reliable  statistics  of  mortality  in  the  city  and  pre- 
vent the  spread  of  disease. 

Sec.  182.  The  Council  must,  by  ordinance  or  otherwise,  provide 
for  the  enforcing  of  such  orders  and  regulations  as  the  Board  of 
Health  may  adopt  and  the  Council  approve.  All  expenses,  which  in 
the  opinion  of  the  Council  are  necessarily  incurred  in  carrying  out 
the  provisions  of  this  Article,  must  be  provided  for  by  the  Council. 
Sec.  183.  In  addition  to  the  powers  and  duties  in  this  Article 
enumerated  the  Board  shall  have  such  other  powers  and  perform 
such  other  duties  as  may  be  prescribed  by  ordinance  of  the  Council 
or  by  general  laws. 

Sec.  184.  Any  member  of  the  Board  of  Health  or  the  Health 
Officer  may  administer  oaths  on  business  connected  with  the  Health 
Department. 


ARTICLE  XI. 
Miscellaneous  Provisions. 


Sec  185.  Unless  otherwise  provided  in  this  Charter,  all  contracts 
for  work  or  supplies  of  any  kind  for  more  than  one  hundred  dollars 
shall  be  let  to  the  lowest  bidder,  after  notice  given  by  posting  the 
same  for  ten  days  and  by  publishing  the  same  for  five  days;  and  aU 
sales  or  leases  of  property  belonging  to  the  city  shall  be  by  public 
auction  to  the  highest  bidder,  upon  such  terms  and  conditions  as  the 
Council  may  by  ordinance  direct,  and  after  like  notice  given. 


CITY  OF  OAKLAND,  CAL.  8i 

Sec.  186.  No  grant  of  any  franchise  by  the  Council  shall  have 
any  validity  or  effect  unless  the  person  or  persons  to  whom  the  same 
is  made  shall,  within  six  months  thereafter,  actually  and  in  good  faith, 
and  not  colorably,  commence  the  exercise  or  enjoyment  of  the  same, 
there  being  no  legal  impediment  thereto;  provided,  that  condemna- 
tion proceedings  commenced  and  diligently  prosecuted  shall  be 
deemed  the  exercise  of  a  franchise,  granted  under  subdivisions  28,  29, 
30  and  31,  Section  31,  Article  III.,  of  this  Charter.  Whenever  any 
franchise  shall  have  been  in  disuse,  in  whole  or  in  part,  for  the  period 
of  one  year,  there  being  no  legal  impediment  to  the  use  thereof,  it 
shall  be  deemed  abandoned  and  forfeited  to  the  extent  of  such  disuse, 
and  the  said  franchise  or  that  part  thereof  so  in  disuse  shall  no  longer 
be  exercised  or  enjoyed;  provided,  that  the  disuse  of  any  portion  of  the 
franchise,  unless  permission  be  before  obtained  of  the  Council,  shall 
be  deemed  a  forfeiture  of  the  whole. 

[Note — For  the  general  law  as  to  time  of  commencement  and 
completion,  see  Sec.  502,  Civil  Code.  See  also  Sec.  20  and  Subs,  28 
to  33  and  Sub.  37  of  Sec.  31  of  this  Charter,  ante,  and  notes  to  said 
Sub.  37.    As  to  franchises  antedating  the  Charter,  see  Sec.  205,  post.  J 

Sec.  187.  Whenever,  within  the  corporate  limits  of  the  city,  two 
or  more  railroads,  operated  by  steam  power,  cross  each  other  on  the 
same  grade  or  level,  the  corporations  operating  the  roads  shall,  within 
four  months  after  the  adoption  of  this  Charter,  or  in  case  of  roads 
now  being  or  hereafter  to  be  constructed,  within  four  months  after 
completion  of  crossings  as  above  described,  cause  the  erection  and 
operation  of  a  complete  mter-locking  safety  switch  and  signal  system, 
which  said  signal  system  shall  be  so  constructed  as  to  prevent  col- 
lisions at  such  crossings  between  cars  or  trains  of  cars  or  locomotive 
engines  running  on  the  different  roads.  Failure,  neglect  or  refusal 
to  conform  to  the  requirements  of  this  section  shall  subject  each  cor- 
poration to  a  penalty  of  fifty  dollars  for  each  and  every  day  during 
which  said  failure,  neglect  or  refusal  shall  continue. 

Sec.  188.  Any  person  holding  a  salaried  ofifice  under  this  city, 
whether  by  election  or  appointment,  who  shall,  during  his  term  ot 
office,  hold  or  retain  any  other  civil  office  of  profit  or  emolument  under 
the  government  of  the  United  States  or  of  this  State,  or  who  shall 
hold  any  other  office  connected  with  the  government  of  the  city,  or 
who  shall  become  a  member  of  the  Legislature,  shall  be  deemed 
thereby  to  have  vacated  the  office  held  by  him  under  the  city  govern- 
ment. 

Sec.  189.  No  member  of  the  Council  and  no  officer  of  or  em- 
ploye of  the  city  shall  be  or  become,  directly  or  indirectly  "interested 
in  or  with  the  performance  of  any  contract,  work  or  business,  or  in 
the  sale  of  any  article,  the  expense,  price  or  consideration  of  which 
is  payable  from  the  City  Treasury,  or  in  the  purchase  or  lease  of  any 


^2  CHARTER  OF  THE 

real  estate  or  property  belonging  to  or  taken  by  the  city,  or  which 
shall  be  sold  for  taxes  or  assessments,  or  by  virtue  of  legal  process 
at  the  suit  of  the  city.  Any  member  of  the  Council,  officer  or  em- 
ploye of  this  city,  violating  the  provisions  of  this  section,  or  who 
shall  be  directly  or  indirectly  interested  in  any  franchise,  right  or 
privilege  granted  by  the  city,  while  he  is  such  member,  officer  or 
employe,  unless  the  same  shall  devolve  upon  him  by  law,  shall  forfe-t 
his  office  and  be  forever  disqualified  from  holding  any  position  in 
the  service  of  the  city;  and  all  contracts  made,  or  right  or  franchise 
granted,  m  violation  of  this  section  shall  be  absolutely  void. 

Sec.  190.  No  officer  or  employe  of  the  city  shall  give  or  promise 
to  give  to  any  other  person  any  portion  of  his  compensation,  or  any 
money  or  thing  of  value,  or  any  position,  in  consideration  of  having 
been  or  of  being  nominated,  appointed,  voted  for  or  elected  to  anv 
office  or  employment  under  the  city.  Any  person  violating  the  pro- 
visions of  this  section  shall  forfeit  his  office  and  employment  under 
the  city,  and  be  forever  disqualified  from  holding  any  position  in  the 
service  of  the  city. 

Sec.  191.  Any  officer  of  the  city  who  shall,  while  in  office,  ac- 
cept any  donation  or  gratuity  in  money,  or  anything  of  value,  either 
directly  or  indirectly,  from  any  subordinate  or  employe,  or  from  any 
candidate  or  applicant  for  any  position  under  him.  shall  forfeit  his 
office  and  be  forever  disqualified  from  holding  any  position  in  the 
service  of  the  city. 

Sec.  192.  All  books  and  records  of  every  office  and  department 
shall  be  open  to  the  inspection  of  any  citizen  at  any  time  during  busi- 
ness  hours. 

Copies  or  extracts  from  such  books  and  records,  duly  certified 
shall  be  given,  by  the  officer  having  the  same  in  custody,  to  any  per- 
son demanding  the  same,  upon  paying  or  tendering  ten  cents  per 
folio  of  one  hundred  words. 

Sec.  193.  Except  as  otherwise  provided  for  by  law  or  this  Charter 
all  public  offices  shall  be  kept  open  for  business  every  day  (except 
legal  holidays)  from  half- past  eight  o'clock  in  the  forenoon  until  five 
o  clock  in  the  afternoon;  and  in  addition  thereto,  for  two  weeks  before 
taxes  become  delinquent  in  each  year,  the  office  of  the  Tax  Collector 
shall  be  kept  open  until  nine  o'clock  in  the  evening. 

Sec.  194.  Whenever  the  Council  shall  adjudge  it  necessary  for  the 
city  to  take  or  damage  private  property  for  public  uses,  the  Council 
may  direct  proceedings  to  be  taken  by  the  City  Attorney  under  Title 
7,  part  3,  of  the  Code  of  Civil  Procedure,  to  condemn  the  same. 

[Note.— For  the  general  law  as  to  condemnation  proceedings  see 
bees.  1237  to  1263,  Code  of  Civil  Procedure.] 

Sec.  195.  No  office  shall  be  created,  nor  shall  any  person  be 
employed  in  any  capacity,  nor  shall  any  officer,   clerk   or  employe 


CITY  OF  OAKLAND,  CAL.  83 

receive  any  salary  or  compensation  for  any  service  of  any  kind  unless 
the  same  is  specially  authorized  by  law  or  this  Charter;  provided, 
however,  that  when  any  officer  or  Board  shall  require  additional  em- 
ployes, application  shall  be  made  to  the  Council  to  authorize  the  ap- 
pointment of  such  additional  employes;  and  thereupon  the  Council 
may,  in  its  discretion,  authorize  such  appointment  and  provide  for 
the  compensation  of  such  appointees. 

Sec.  196.  Whenever  power  is  given  in  this  Charter  to  call  special 
meetings  of  the  Council,  Board  of  Education  or  any  Board,  the  notice 
thereof  shall  be  in  writing,  and  shall  specify  the  object  of  the  meeting. 
The  notice  shall  be  served  on  each  member  personally  or  by  mail, 
addressed  to  his  place  of  residence;  if  by  mail,  the  notice  shall  be  de- 
posited in  the  Postofifice  of  the  city  at  least  twenty-four  hours  before 
the  time  of  meeting.  At  such  special  meeting  no  subject  shall  be  con- 
sidered except  that  specified  in  the  notice. 

Sec.  197.  Wherever  this  Charter  provides  for  the  posting  of 
notices,  such  notices  shall  be  posted  at  the  front  door  of  the  City  Hall, 
the  United  States  Postofifice,  and  at  the  office  of  the  body  authorizing 
the  notice. 

Sec.  198.  Whenever  a  provision  is  made  in  this  Charter  wherein 
publication  is  required,  such  publication  shall  be  made  in  a  newspaper 
of  general  circulation  printed  and  published  in  the  City  of  Oakland, 
except  as  otherwise  provided. 

Sec.  199.  Every  officer  shall  hold  his  office  until  the  expiration 
of  the  term  for  which  he  was  elected  or  appointed,  and  until  his  suc- 
cessor is  elected  or  appointed  and  qualified;  and  where  no  other 
period  is  prescribed,  the  term  of  such  officer  shall  not  exceed  two 
years.  An  officer  shall  be  deemed  to  have  qualified  when  he  has  taken 
the  oath  of  office  and  filed  the  same,  together  with  his  official  bond, 
if  a  bond  is  required,  as  herein  provided. 

Sec.  200.  The  Mayor,  members  of  the  Council,  Auditor,  Treas- 
urer, City  Attorney,  Police  Judge,  Commissioners  of  Public  Works, 
School  Directors,  members  of  Board  of  Health  and  Health  Officer 
must  each,  at  the  time  of  their  election  or  appointment,  have  been  a 
citizen  of  the  United  States  and  a  resident  and  qualified  elector  of  the 
city  for  three  years  next  preceding  their  election  or  appointment. 

Sec.  201.  All  officers,  deputies,  clerks,  assistants  and  other  em- 
ployes of  the  city,  and  of  the  several  departments  thereof,  must  be 
citizens  of  the  United  States  and,  during  their  respective  terms  of 
office  or  employment,  must,  with  the  exception  of  teachers  in  the 
public  schools,  reside  in  the  city  and  have  been  residents  of  the  city 
one  year  next  preceding  their  appointment.  They  and  each  of  them 
shall  perform  such  duties  as  may  be  required  of  them  respectively  by 
law,  ordinance  or  this  Charter,  and  shall  only  receive  such  compen- 
sation as  may  have  been  previously  provided,  and  such  compensation 


S4  CHARTER 

shall  not  be  increased  during  the  term  of  their  respective  offices  or 
employment. 

Sec.  202.  If  any  officer  of  the  city  shall  remove  from  the  city  or 
absent  himself  therefrom  for  more  than  thirty  days  consecutively 
without  permission  of  the  Council,  or  shall  fail  to  qualify  by  taking 
the  oath  of  office  and  filing  his  official  bond,  whenever  such  official 
bond  is  required  within  ten  days  from  the  time  his  certificate  of  elec- 
tion or  appointment  is  mailed  or  delivered  to  him,  or  shall  resign  or 
be  convicted  of  felony,  or  adjudged  insane,  his  office  shall  be  vacant 
and  the  vacancy  filled  as  herein  provided.  The  Mayor  shall  have 
power  to  appoint  suitable  persons  to  fill  vacancies  in  any  office,  except 
as  in  this  Charter  provided.  The  appointee  shall  hold  for  the  unex- 
pired term  and  until  the  election  and  qualification  of  his  successor. 

Sec.  203.  Unless  otherwise  provided  by  law  or  this  Charter,  any 
officer,  board  or  department  authorized  to  appoint  any  deputy,  clerk, 
assistant  or  employe  shall  have  the  right  to  remove  any  person  so 
appointed. 

Sec.  204.  All  appointments  of  officers,  deputies  and  clerks,  to  be 
made  under  any  provision  of  this  Charter,  must  be  made  in  writing 
and  in  duplicate,  authenticated  by  the  person  or  persons,  board  or 
officer  making  the  same.  One  of  said  duplicates  must  be  filed  with  the 
City  Clerk  and  the  other  with  the  Auditor. 

Sec.  205.  All  franchises  and  privileges  heretofore  granted  by  the 
city,  which  are  not  in  actual  use  or  enjoyment,  or  which  the  grantees 
thereof  have  not  in  good  faith  commenced  to  exercise,  are  hereby 
declared  forfeited  and  of  no  validity,  unless  said  grantees  or  their  as- 
signs shall,  within  six  months  after  this  Charter  takes  effect,  in  good 
faith  commence  the  exercise  and  enjoyment  of  such  privilege  or  fran- 
chisd. 

Sec.  206.  Competent  and  experienced  employes  in  the  several  de- 
partments shall  not  be  unnecessarily  removed. 

Sec.  207.  All  ordinances  and  resolutions  of  the  city  in  force  at 
the  time  this  charter  takes  effect,  and  not  inconsistent  therewith,  shall 
continue  in  force  until  amended  or  repealed;  and  all  officers  of  the  city 
in  office  when  this  Charter  takes  effect  shall  continue  to  hold  and 
exercise  their  offices  under  and  in  accordance  with  the  terms  and  pro- 
visions of  this  Charter,  until  the  election  or  appointment  and  qualifica- 
tion of  their  successors,  provided  for  herein. 

Sec.  208.  The  City  Council  of  the  present  City  of  Oakland  shall 
provide  for  the  holding  of  the  first  election  of  officers  under  this 
Charter,  and  shall  canvass  the  votes  and  declare  the  result. 


General 
Municipal    Ordinances. 


GENERAL 


Municipal  Ordinances 


—OK  THE 


CITY  OF  OAKLAND,  CAL. 


In  Effect  October- i,  li 


compiled 

By  authority  of  the  city  council 
under  the  supbrvision  of 

W.  A.  DOW, 

CITY   attorney. 


CONTENTS 


Ordinances.  page. 

Chap.  I.     City  Officers,  Salaries,  Etc 87 

Chap.       'II.     Municipal  lyicenses 109 

Chap.       III.     Public  Streets 134 

Chap.       IV.     Police  Department 204 

Chap.         V.     Fire  Department 209 

Chap.       VI.     Fire  L,imits 216 

Chap.     VII.     Public  Healih 226 

Chap.  VIII.     City  Wharf,  Dockage,  Etc 264 

Chap.      IX.     City  Pound • 271 

Chap.        X.     Numbering  of  Buildings 277 

Chap.      XI.     Street  and  Steam  Railroads 291 

Chap.     XII.     Miscellaneous  Penal  Ordinances 314 

Chap.   XIII,     Schedule  of  Sidewalk,   Grade,    P'ranchise,  and 

Other  Ordinances 359 

Index  to  Ordinances  427 

Numerical    Index 395-397 


GENERAL 

Municipal   Ordinances 


CHAPTKR     I. 

Ordinances    Relating    to    Municipal     Officers. 


ORDINANCE   No.  1336. 


AN  ORDINANCE  DEFINING  THE  SEAT  OF  GOVERNMENT 
OF  THE  CITY  OF  OAKLAND,  AND  LOCATING  THE 
OFFICES  OF  THE  CITY  OFFICERS  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  seat  of  government  of  the  City  of  Oakland  is 
hereby  declared  to  be,  and  is  hereby  established,  at  the  City  Hall  and 
adjacent  buildings  located  at  the  junction  of  San  Pablo  avenue  and 
Fourteenth  street,  and  being  upon  a  portion  of  Block  253  in  said  city 

Section  2.  The  offices  of  all  officers  of  the  city,  except  the  City 
Wharfinger  and  Poundmaster,  are  hereby  located  and  established  .it 
said  City  Hall  and  adjacent  buildings;  and  all  books,  records,  paper< 
and  documents  belonging  and  appertaining  to  the  several  offices  ot 
the  city,  except  as  above  provided,  shall  be  kept  in  such  offices  as. 
above  located,  and  in  no  other  place,  except  by  permission  of  the 
Council. 


88  GENERAI,  MUNICIPAL  ORDINANCES 

Section  3.  An  ordinance  entitled  "An  Ordinance  Defining  the 
Seat  of  the  City  Government  of  the  City  of  Oakland  and  Locating 
the  Several  Offices  Constituting  the  Same,"  approved  March  23,  1871, 
is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891,  Vol.  3,  p.  704.) 


ORDINANCE  No.  915. 


AN    ORDINANCE    FIXING   THE   SALARY    OF   THE    CITY 
WHARFINGER. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  The  salary  of  the  City  Wharfinger  of  the  City  of  Oak- 
land is  hereby  fixed  at  one  hundred  dollars  per  month. 

Section  2.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  October  18,  1882.    Vol.  3,  p.  91.) 


ORDINANCE  No.  1020. 


AN  ORDINANCE  FIXING  THE  SALARIES  OF  CERTAIN  EM- 
PLOYES OF  TFIE  CITY  OF  OAKLAND. 

1  he  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  (Repealed  by  Ordinance  No.  1368,  approved  November 
17,  1891.    Vol.  3,  p.  740.) 

Section  2.  The  salary  of  the  Superintendent  of  the  Fire  and 
Police  Alarm  Telegraph  is  hereby  fixed  at  one  hundred  and  fifty  ($150) 
dollars  per  month. 


OF  THE  CITY  OF  OAKLAND,  CAL.  89 

Section  3.  (Repealed  by  Ordinance  No.  1368,  approved  Novem- 
ber 17,  1891.    Vol.  3,  p.  740.) 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  August  17,  1887.    Vol.  3,  p.  259.) 


ORDINANCE  No.  1113. 


AN  ORDINANCE  RE-ESTABLISHING  THE  OFFICE  OF  LI- 
CENSE INSPECTOR,  DEFINING  HIS  DUTIES  AND 
FIXING  HIS  SALARY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland  as  follows: 

Section  i.  The  office  of  License  Inspector  of  the  City  of  Oakland 
is  hereby  re-established  with  the  powers  and  duties  hereinafter  pro- 
vided. 

Section  2.  The  Mayor  of  the  City  of  Oakland  shall  appoint  a 
suitable  person  to  the  office  of  License  Inspector. 

Section  3.  The  License  Inspector  shall  act  under  the  direction, 
and  be  subject  at  all  times  to  the  instructions  of  the  Tax  Collector. 

Section  4.  The  License  Inspector  shall  have,  and  exercise,  the 
same  powers  in  the  performance  of  his  official  duties  as  a  police  officer 
has  and  exercises  in  making  arrests.  He  shall  enter  any  place  of 
business  for  which  a  license  is  required  and  provided,  free  of  charge 
and  at  his  pleasure,  and  demand  the  exhibition  of  any  license  for  the 
current  term  from  any  person,  firm  or  corporation  engaged  or  em- 
ployed in  the  transaction  of  any  business  for  which  a  license  is  re- 
quired; and  on  failure  or  refusal  of  such  person,  firm  or  corporation 
to  exhibit  such  license,  such  person,  firm  or  corporation  shall  be 
liable  to  arrest  and  subject  to  the  penalty  or  penalties  which  are  now 
provided  for  conducting  business  without  a  license  to  sell  intoxicating 
liquors.  It  shall  be  the  duty  of  the  License  Inspector  to  arrest  any 
person,  firm  or  corporation  failing  or  refusing  to  exhibit  such  a  li- 
cense when  so  demanded,  and  proceed  against  the  same  for  conduct- 
ing a  business  without  a  license.  He  shall  be  clothed  with  all  the 
powers  and  duties  which  are  now  or  which  may  be  hereafter  conferred 
by  ordinance  or  otherwise  upon  police  or  license  officers. 


90  GENERAL  MUNICIPAIv  ORDINANCES 

Section  5.  The  salary  of  License  Inspector  shall  be  one  hundred 
dollars  per  month. 

Section  6.  The  License  Inspector  shall  furnish  a  bond  in  the 
penal  sum  of  $5000,  with  two  sureties,  that  he  will  faithfully  perform 
the  duties  of  his  office. 

Section  7.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  8.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  December  16,  i88g.    Vol.  3,  p.  403.) 


ORDINANCE   No.    1101. 


AN  ORDINANCE  FIXING  THE  SALARIES  OF  THE  ENGIN- 
EERS OF  THE  FIRE  DEPARTMENT  OF  THE  CITY  OF 
OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  salaries  of  the  engineers  of  the  Fire  Department 
of  the  City  of  Oakland  are  hereby  fixed  as  follows: 

The  First  Assistant  Engineer  at  the  sum  of  one  hundred  and 
tweny-five  dollars  per  month. 

Engineers  of  steam  fire  engines  at  the  sum  of  one  hundred  dol- 
lars each  per  month. 

Section  2.  AH  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  fdrce  on 
and  after  the  first  day  of  November,  A.  D.  1889. 

(Approved  October  23,  1889.    Vol.  3,  p.  386.) 


ORDINANCE   No.   1172. 


AN  ORDINANCE  FIXING  THE  SALARIES  OF  DRIVERS. 
STOKERS,  TILLERMEN,  AND  STEWARDS  OF  THE 
FIRE  DEPARTMENT  OF  THE  CITY  OF  OAKLAND. 


OF  THE  CITY  OF  OAKLAND,  CAL.  91 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  salaries  of  drivers,  stokers,  tillermen  and  stewards 
of  the  Fire  Department  of  the  City  of  Oakland  are  hereby  fixed  at  $75 
per  month. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

•    (Approved  June  14,  1890.    Vol.  3,  p.  479.)     [See  also  Ordinance 
No.  1259,  post.] 


ORDINANCE   No.   1259. 


ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND 
FIRE  COMMISSIONERS  TO  APPOINT  FOUR  EXTRA 
MEN  AND  ONE  FOREMAN  FOR  TRUCK  COMPANY 
NO.  2,  AND  ONE  DRIVER  FOR  HOSE  COMPANY  NO. 
2,  AND  FOUR  MEN  FOR  TWO  CHEMICAL  ENGINE 
COMPANIES,  AND  FIXING  THE  SALARIES  OF  THE 
SAME. 

Be  it  Ordained  by  the  Councitof  the  City  of  Oakland,  as  follows: 

Section  i.  The  Board  of  Police  and  Fire  Commissioners  is  hereby 
authorized  and  empowered  to  appoint  four  extra  men  and  one  fore- 
man for  Truck  Company  No.  2,  and  one  driver  for  a  hose  company 
to  be  designated  and  known  as  Hose  Company  No.  2,  both  companies 
being  stationed  at  East  Oakland,  and  two  men  for  each  Chemical 
Engine  Company,  namely:  That  Chemical  Engine  Company  to  be 
stationed  at  North  Oakland,  and  that  Chemical  Engine  Company  to 
be  stationed  at  East  Oakland. 

Section  2.  The  salaries  of  said  appointees  shall  be  as  follows,  per 
month : 

Driver  of  Hose  Co.  No.  2,  $75. 

Men  for  Chemical  Engine  Companies,  $75  each. 

[Note— A  portion  of  this  section,  relating  to  the  salaries  of  fore- 
man and  extramen,  was  repealed  by  Ordinances  No.  1429  post,  which 
fixed  those  salaries  anew.] 

Section  3.  This  ordinance  shall  go  into  full  force  and  effect  im- 
mediately after  its  approval. 

(Approved  March  23,  1891.    Vol.  3.  P-  592-) 


92  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.   1429. 


AN  ORDINANCE  FIXING  THE  SALARIES  OF  THE  EXTRA 
MEN  AND  FOREMEN  OF  THE  FIRE  DEPARTMENT 
OP  THE  CITY  OF  OAKLAND. 

Be  it- Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows. ■ 

Section  I.  The  salaries  of  the  Extramen  of  the  Fire  Department 
of  the  City  of  Oakland  are  hereby  fixed  at  twenty  dollars  per  month 
each.  And  the  salaries  of  the  Foremen  of  the  said  Fire  Department 
are  hereby  fixed  at  thirty  dollars  per  month  each. 

Section  2.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  July  i,  1892. 

(Approved  June  11,  1892.    Vol.  4,  p.  219.) 


ORDINANCE   No.    1606. 


AN  ORDNIANCE  AUTHORIZING  THE  BOARD  OF  POLICE 
AND  FIRE  COMMISSIONERS  TO  APPOINT  ONE 
DRIVER,  ONE  TILLERMAN,  ONE  FOREMAN  AND 
SEVEN  EXTRAMEN  FOR  TRUCK  COMPANY  NO.  3, 
ONE  ENGINEER,  ONE  DRIVER,  ONE  STOKER,  ONE 
FOREMAN  AND  FIVE  EXTRAMEN  FOR  ENGINE 
COMPANY  NO.  6,  AND  ONE  DRIVER,  ONE  FORE- 
MAN AND  FOUR  EXTRAMEN  FOR  HOSE  COMPANY 
NO.  3,  AND  FIXING  THE  LOCATION  THEREOF  AND 
THE  SALARIES  OF  THE  SAME. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  Board  of  Police  and  Fire  Commissioners  is 
hereby  authorized  and  empowered  to  appoint  one  driver,  one  tiller- 
man,  one  foreman  and  seven  extramen  for  Truck  Company  No.  3,  to 


OF  THE  CITY  OF  OAKLAND,  CAL.  93 

be  situated  at  West  Oakland;  one  engineer,  one  driver,  one  stoker, 
one  foreman  and  five  extramen  for  Engine  Company  No.  6,  to  be  sit- 
uated at  East  Oakland,  and  one  driver,  one  foreman  and  four  extra- 
men  for  Hose  Company  No.  3,  to  be  situated  at  the  Fourth  ward. 

Section  2.  The  salaries  of  said  appointees  shall  be  as  follows  per 
month: 

Engineer,  $100. 

Driver,  $75. 

Stoker,  $75. 

Tillerman,  $75. 

Foreman,  $30. 

Extramen,  $20. 

Section  3.  This  ordinance  shall  take  effect  on  and  after  July  is*^, 
1894. 

(Approved  April  23,  1894.     Vol.  4,  p.  554.) 


ORDINANCE  No.   1622. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE 
AND  FIRE  COMMISSIONERS  TO  APPOINT  A  STEW- 
ARD FOR  HOSE  COMPANY  NO.  3- 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  Board  of  Police  and  Fire  Commissioners  is  hereby 
authorized  and  empowered  to  appoint  a  Steward  for  Hose  Company 
No.  3. 

Section  2.    The  salary  of  said  Steward  shall  be  $75  per  month. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  the  1st  day  of  July,  1894. 

(Approved  August  15,  1894.    Vol.  4,  p.  589.) 


ORDINANCE  No.   602. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  CITY  PHY- 
SICIAN AND  PRESCRIBING  THE  DUTIES  AND  COM- 
PENSATION THEREOF. 


94  GENERAL  MUNICIPAL  ORDINANCES 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  The  office  of  City  Physician  is  hereby  created,  and 
the  Heahh  Officer  shall  be  ex-officio  City  Physician.  (Amendment 
approved  November  17,  1891.     Vol.  3,  p.  736.) 

Section  2,  The  City  Physician  shall  be  the  medical  attendant  of  all 
persons  confined  in  the  City  Prison,  and  he  shall  render  to  them  such 
medical  and  surgical  attendance  as  may  be  necessary,  whenever  re- 
quested by  the  Chief  of  Police.  He  shall  inspect  said  City  Prison  at 
least  once  a  week,  and  oftener  if  necessary,  and  shall  make  such  rules 
for  the  regimen  of  the  prisoners  as  he  may  deem  necessary.  He  shall 
keep  a  record  of  the  number  of  sick  persons  in  said  prison  and  shall 
collect  and  preserve  such  other  statistics  as  may  be  usual  in  such  casev 
He  shall  from  time  to  time  examine  all  supplies  furnished  for  the 
feeding  of  the  city  prisoners  and  see  that  the  same  are  wholesome  and 
sufficient.  He  shall  also  perfoim  such  other  duties  in  the  line  of  his 
profession  and  for  the  benefit  of  the  city  as  may  be  required  from 
time  to  time,  by  the  Board  of  Health.  (Amendment  approved  No- 
vember 17,  1891.     Vol.  3,  p.  736.) 

Section  3.  (Repealed  by  Ordinance  No.  756,  fixing  salary.  Ap- 
proved February  8,  1878.     Vol.  2,  p.  597.) 

Section  4.     This  ordinance  shall  take  effect  immediately. 

(Approved  June  30,  1874.    Vol.  2,  p.  351.) 


ORDINANCE   No.    1136. 


AN  ORDINANCE  FIXING  THE  SALARY  OF  CERTAIN  OF- 
FICERS OF  THE  HEALTH  DEPARTMENT. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  salary  of  the  Health  Officer  is  hereby  fixed  at  the 
sum  of  $150  per  month. 

Section  2.  The  salary  of  the  Secretary  of  the  Board  of  Health  is 
hereby  fixed  at  the  sum  of  $125  per  month. 

Section  3.  An  ordinance  entitled  "An  Ordinance  Fixing  the  Sal- 
ary of  the  City  Ph>sician  of  the  City  of  Oakland,"  approved  Nov.  10, 
1887,  is  hereby  repealed. 

Section  4.  An  ordinance  entitled  "An  Ordinance  Establishing  the 
Office  of  Secretary  of  the  Board  of  Health  and  Assistant  in  Sanitary 


OF  THE  CITY  OF  OAKLAND,  CAL.  95 

Matters  and  Fixing  the  Salary  Thereof,"  approved  December  6,  1887, 
IS  hereby  repealed. 

Section  5.     This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.     Vol.  3,  p.  434.) 


ORDINANCE   No.    1341. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  SANITARY 
INSPECTOR  AND  DEFINING  HIS  DUTIES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  office  of  Sanitary  Inspector  is  hereby  created, 
an4  the  office  so  created  shall  be  filled  by  appointment  by  the  Board 
oi  Health. 

Section  2.  He  shall  be  prompt  and  active  in  enforcing  all  lawful 
orders  01  the  Board  of  Health  and  Health  Officer,  and  shall  be  active 
and  vigilant  in  detecting  and  causing  the  removal  of  all  causes  ol 
disease;  and  if  at  any  time  it  shall  come  to  his  knowledge  that  any 
street,  building  or  place  is  in  a  condition  offensive  to  the  public  health 
he  shall  immediately  report  the  same  to  the  Health  Officer.  He  shall 
see  that  all  violations  of  sanitary  ordinances  and  regulations  are  vig 
orously  prosecuted,  and  for  this  purpose  shall  be  vested  with  all  the 
powers  of  a  police  officer.  He  shall  also  perform  such  other  duties  as 
may  be  required  of  him  by  the  Board  of  Health. 

Section  3.  Before  entering  upon  the  duties  of  his  office  he  shall 
give  a  bond  in  the  sum  of  two  thousand  five  hundred  dollars. 

Section  4.  The  salary  of  the  Sanitary  Inspector  is  hereby  fixed 
at  the  sum  of  one  hundred  and  twenty-five  dollars  per  month,  the 
same  to  cover  expense  of  horse  and  buggy  to  be  furnished  by  him 
iof  his  use. 

Section  5.  An  ordinance  entitled  "An  Ordinance  Creating  and 
Establishing  the  Office  of  Sanitary  Inspector,  etc.,"  approved  Mar.  24, 
1884,  is  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.     Vol.  3.  p.  709) 


96  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE   No.   1242. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  ASSISTANT 
SANITARY  INSPECTOR  OF  THE  BOARD  OF  HEALTH 
AND  FIXING  THE  SALARY  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  office  of  Assistant  Sanitary  Inspector  of  the 
Board  of  Health  of  the  City  of  Oakland  is  hereby  established,  the 
same  to  be  filled  by  appointment  by  the  Board  of  Health. 

Section  2.  The  salary  of  such  Assistant  Sanitary  Inspector  is 
hereby  fixed  at  the  sum  of  $100  per  month. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  December  8,  1890.    Vol.  3,  p.  548.) 


ORDINANCE   No.  1901. 


AN  ORDINANCE   FIXING  THE  FEES  OF  THE  CITY   EN- 
GINEER OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  official  fees  of  the  City  Engineer  of  the  City  of 
Oakland  shall  be  as  follows: 

(a).  For  survey  of  any  lot  lying  above  high  water  of  25  feet  or 
less  frontage,  eight  (8)  dollars,  including  four  stakes  with  50  cents 
for  every  additional  stake  and  5  cents  for  every  additional  foot  oi 
frontage.  For  an  entire  vacant  block,  four  stakes,  twenty  (20)  dol- 
lars.    The  word  survey  includes  diagram  thereof. 

(b).  For  giving  official  line  and  grade  of  curb  or  sidewalk  in 
front  of  any  lot  not  already  surveyed,  eight  (8)  dollars  for  two  stakes, 
one  dollar  for  each  additional  stake;  for  lot  already  surveyed,  five  (5) 
dollars  for  two  stakes,  one  dollar  for  each  additional  stake. 

(c).  For  grade  and  line  of  private  sewer  authorized  by  the  Coun- 
cil, six  (6)  dollars  for  every  100  feet  or  less,  with  five  cents  for  every 
additional  foot  of  sewer. 


OF  THE  CITY  OF  OAKLAND,  CAL.  97 

(d).  Upon  street  work  under  the  general  street  law  of  the  State 
of  California  the  following  shall  be  the  fees,  to-wit: 

Preliminary  engineering  work  for  filing  quantities  with  the  City 
Clerk  for  the  estimating  of  bids: 

On  grading  or  re-grading  by  the  cubic  yard,  s  cents  per  lineal 
foot  of  street  along  center  line. 

On  grading  or  re-grading  by  square  foot,  i  cent  per  lineal  foot 
of  street  along  center  line. 

On  macadamizing  or  re-macadamizing  by  square  foot,  i^  cent> 
per  lineal  foot  of  street  along  center  line. 

On  paving  or  re-paving  by  square  foot  ,i>4  cents  per  lineal  foot 
of  street  along  center  line. 

On  sidewalking  or  re-sidewalking,  i  cent  per  lineal  foot  of  side- 
walk, including  exceptions. 

On  curbing  or  re-curbing,  J^  cent  per  lineal  foot  of  curbing,  in- 
cluding exceptions. 

On  crosswalks,  Yz  cent  per  lineal  foot  of  crosswalk. 

On  culverts,  ^  cent  per  lineal  foot  of  culvert. 

On  sewering  or  re-sewering,  i  cent  per  lineal  foot  of  sewer. 

For  each  plan  accompanying  above,  five  (5)  dollars. 

For  special  specifications,  %  oi  i  per  cent  of  cost  of  construction 
as  shown  by  contractor's  bid. 

(Engineering  work  upon  construction:) 

(e).     For  setting  stakes  once  upon: 

Sewering  or  re-sewering,  5  cents  per  lineal  foot  of  sewer. 

Catch-basins,  five  (5)  dollars  each. 

Grading  or  re-grading,  5  cents  per  lineal  foot  of  street,  measured 
along  th«  center  line. 

Grading  and  curbing  or  re-grading  and  re-curbing,  6  cents  per 
lineal  foot  of  street,  measured  along  center  line. 

Curbing  or  re-curbing  with  wood,  2>^  cents  per  lineal  foot  of 
curbing. 

Curbing  or  re-curbing  with  granite  or  artificial  stone,  5  cents  per 
lineal  foot  of  curbing. 

On  sidewalking  or  re-sidewalking,  5  cents  per  lineal  foot  of  side- 
walk. 

On  culverts,  5  cents  per  lineal  foot  of  culvert. 

On  crosswalks,  5  cents  per  lineal  foot  of  crosswalks. 

On  grading,  curbing  with  wood  and  macadamizing  (class  B  and 
C)  10  cents  per  lineal  foot  of  street,  measured  along  the  center 
line  of  the  street. 

On  re-grading,  re-curbing  with  wood  and  re-macadamizing 
(class  B  and  C)  10  cents  per  lineal  foot  of  street,  measured  along  the 
center  line  of  the  street. 

On  macadamizing  or  re-macadamizing  only  (class  B  and  C).  :1 
cents  per  lineal  foot  of  street,  measured  on  the  center  line  of  the  street. 


98  GENERAL  MUNICIPAL  ORDINANCES 

On  re-macadamizing  by  re-dressing  the  surface  of  the  roadway, 
no  fee  shall  be  charged  unless  stakes  are  set,  in  which  case  the  fee 
as  above  for  re-macadamizing  shall  be  charged. 

On  macadamizing  or  re-macadamizing  (class  B  and  C)  and 
wooden  curbing,  7  cents  per  lineal  foot  of  street,  measured  on  the 
center  line  of  the  street. 

On  grading,  curbing  and  macadamizing  or  re-grading,  re-curb- 
ing and  re-macadamizing  (class  A),  5  cents  per  lineal  foot  of  each 
line  of  stakes,  measured  lengthwise  of  the  street. 

On  paving  or  re-paving  with  asphalt,  bituminous  rock  or  wooden 
blocks,  5  cents  per  lineal  foot  of  each  line  of  stakes,  measured  length- 
wise of  the  street. 

For  setting  grade  for  gutters  six  (6)  dollars  for  100  feet  or  less, 
with  5  cents  for  every  additional  foot  of  gutter. 

For  masonry  work,  5  per  cent  on  the  cost  of  construction,  as 
shown  by  the  contractors  bid. 

(f).  Re-setting  stakes  shall  be  at  the  expense  of  the  contractor 
at  the  above  rates. 

(g).  For  assessment  diagram  and  final  certificate,  $5.00.  (Said 
fee  shall  not  be  construed  to  include  field  work  or  the  gathering  of 
data  for  the  preparation  of  said  diagram). 

Section  2.  Upon  work  ordered  by  the  Council,  the  expense  of 
which  shall  be  paid  by  district  assessment,  the  fee  shall  be  5  per  cent 
of  the  cost  of  construction. 

Section  3.  The  fees  in  this  ordinance  shall  not  be  construed  to 
apply  to  work  ordered  by  the  Council  the  expense  of  which  shall  be 
paid  by  bonding  the  City  of  Oakland. 

Section  4.  Upon  all  engineering  work  ordered  by  the  Council  or 
by  the  Board  of  Public  Works,  the  expense  of  which  is  to  be  paid 
out  of  the  General  Fund  of  the  City  Treasury,  it  shall  be  lawful  for 
the  City  Engineer  to  charge  the  actual  expense  of  said  work.  The 
City  Engineer  shall  file  with  the  City  Clerk  or  with  the  Board  of 
Public  Works  itemized  demands  upon  the  City  of  Oakland  for  all 
assistants'  services  in  this  section  provided. 

Section  5.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  force  on 
and  after  its  approval. 

(Approved  May  4,  1898.    Vol.  5.  p.  269.) 


ORDINANCE   No.   1381. 


AN  ORDINANCE  DEFINING  THE  DUTIES  OF  THE  CITY 
ENGINEER. 


OF  THE  CITY  OF  OAKLAND,  CAL.  99 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  the  duty  of  the  City  Engineer  to  give  the 
corners,  lines  of  survey  of  lots  and  the  proper  grade  of  the  sidewalks 
in  front  of  all  buildings,  blocks  or  lots,  with  certificate  of  same, 
when  applied  to  for  that  purpose;  and  for  such  service  the  person 
requiring-  work  done  shall  pay  all  lawful  charges.  When  required  by 
the  Council,  Board  of  Public  Works  or  any  contractor  for  city  work, 
he  shall  furnish  the  lines,  grades,  measurements  and  calculations  for 
any  street  or  other  city  work.  When  ordered  by  the  Council,  he  shall 
place  monuments  as  initial  points  for  measurements  or  grades  at  such 
places  as  the  Council  may  direct,  and  he  shall  do  and  perform  such 
other  duties  as  may  be  required  by  the  Charter  and  as  usually  per- 
tain to  that  office. 

Section  2.  The  City  Engineer  shall  enter  in  a  book  or  books 
kept  for  that  purpose  in  his  office  a  record  of  all  surveys  and  measure- 
ments made  under  the  provisions  of  this  ordinance.  All  records  of 
surveys  and  all  calculation  books  pertaining  to  streets,  plazas  or  other 
city  work,  with  all  maps,  plans  and  profiles  in  which  the  city  can  in 
any  manner  be  interested,  shall  be  and  remain  the  property  of  the 
city,  and  shall  be  kept  in  the  City  Engineer's  office,  and  shall  be  open 
for  public  inspection  during  office  hours.  All  such  books,  maps,  plans 
and  profiles  shall  be  carefully  preserved  by  the  City  Engineer  and 
transmitted  to  his  successor  in  office. 

Section  ,3.  If  it  shall  be  necessary  for  any  person  to  remove  any 
street  monument,  notice  shall  be  given  to  the  City  Engineer,  who 
shall  remove  such  m.onument,  and  shall  replace  the  same  in  its  proper 
position  as  soon  as  the  object  has  been  attained  for  which  the  removal 
shall  have  been  made;  provided,  however,  that  the  fee  for  such  re- 
moval and  replacement  shall  not  exceed  ten  dollars. 

Section  4.  An  ordinance  entitled  "An  Ordinance  Defining  the 
Duties  and  Fi.xing  the  Compensation  of  the  City  Surveyor  and  En- 
gineer, etc.,"  approved  November  6,  1868.  is  hereby  repealed. 

Section  5.  This  ordinance  shall  take  etTect  immediately  upon  its 
approval. 

(Approved  November  23,  1891.     Vol.  4,  p.   i.) 


ORDINANCE   No.    1109. 


AN  ORDINANCE  FIXING  THE  SALARY  OF  THE  SECRE- 
TARY OF  THE  BOARD  OF  PUBLIC  WORKS. 


loo  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  salary  of  the  Secretary  of  the  Board  of  Public 
Works  is  hereby  fixed  at  $125  per  month. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  December  12,  1889.     Vol.  3,  p.  399.) 


ORDINANCE   No.   1366. 


AN  ORDNIANCE  TO  PREVENT  THE  OBSTRUCTION  OF 
LAWFUL  ORDERS  OF  THE  BOARD  OF  PUBLIC 
WORKS  AND  BOARD  OF  COMMISSIONERS  OF  THE 
POLICE  AND  FIRE  DEPARTMENTS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  resist,  obstruct,  defeat,  or  attempt  to 
defeat  the  enforcement  or  execution  of  any  lawful  order  of  the  Board 
of  Public  Works  or  of  the  Board  of  Commissioners  of  the  Police  and 
Fire  Departments,  or  of  any  person  lawfully  acting  under  their  au- 
thority. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  17,  1891.    Vol.  3,  p.  738.) 


ORDINANCE   No.    1110. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  PUBLIC 
WORKS  TO  CONTRACT  FOR  SUPPLIES  FOR  THE 
VARIOUS  DEPARTMENTS  OF  THE  CITY  OF  OAK- 
LAND. 


OF  THE  CITY  OF  OAKLAND,  CAL.  loi 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  Board  of  Public  Works  is  hereby  authorized  to 
contract  for  supplies  for  the  various  departments  of  the  City  of  Oak- 
land, to-wit:  All  supplies  consisting  of  meat,  vegetables,  groceries  and 
all  other  supplies  necessary  for  the  subsistence  of  prisoners  confined 
in  the  City  Prison;  all  books,  blanks,  printing  and  stationery  required 
by  the  various  municipal  departments  of  the  City  of  Oakland,  the  cost 
of  which  will  be  in  excess  of  $ioo. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  December  12,  1889.     Vol.  3,  p.  400.) 


ORDINANCE   No.    1171. 


AN  ORDINANCE  FIXING  THE  SALARY  OF  KEEPERS  OF 
PUBLIC  PARKS  AND  SQUARES  IN  THE  CITY  OF 
OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Each  and  every  keeper  of  a  public  park  or  square,  in 
the  City  of  Oakland,  shall  be  paid  a  salary  of  sixty  ($60)  dollars  per 
month  as  compensation  for  his  services. 

Section  2.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  3.  This  ordinance  shall  go  into  effect  immediately  after 
its  passage  and  approval. 

(Approved  June  14,  1890.    Vol.  3,  p.  478) 


ORDINANCE   No.    1178. 


AN  ORDINANCE  ENABLING  KEEPERS  OF  PUBLIC  PARKS 
IN  THE  CITY  OF  OAKLAND  TO  PERFORM  THE  DUT- 
IES OF  SPECIAL  POLICE  OFFICERS. 


I02  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  person  employed  as  the  keeper  of  a  public 
park  in  the  City  of  Oakland  shall,  during  the  term  of  his  service  as 
such,  be  vested  with  all  the  powers  and  be  amenable  to  all  the  res- 
ponsibilities and  liabilities  of  a  special  police  officer,  and  he  shall  be 
required  to  perform  the  duties  of  a  special  police  officer  in  addition  to 
his  other  duties,  for  the  better  protection  of  the  public  property  in  his 
charge;  but  he  shall  not  be  entitled  to,  nor  shall  he  receive  any  com- 
pensation, other  than  his  salary  as  a  park  keeper,  for  any  services 
which  he  may  be  required  to  render  under  the  provisions  of  this  or- 
dinance. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  im- 
mediately after  its  approval. 

(Approved  July  9.   1890.    Vol.  3,  p.  486.) 


ORDINANCE   No.   1179. 


AN  ORDINANCE  PROVIDING  FOR  THE  SALE  OF  REFUSE 
OR  CONDEMNED  MATERIAL. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  Board  of  Public  Works  may,  when  it  is  deemed 
the  public  interest  requires,  sell  at  public  auction  to  the  highest  bidder 
any  refuse  or  condemned  material,  stock,  goods  or  property  within 
the  control  of  the  various  departments  of  the  City  of  Oakland. 

Section  2.  Before  such  sale  is  held  a  notice  shall  be  given  by 
posting  the  same  for  ten  days  and  publishing  the  same  for  five  days, 
stating  the  time  and  place  of  sale  and  a  general  description  of  the 
property  offered  for  sale. 

Section  3.  The  proceeds  of  such  sale  shall  be  payable  into  the 
fund  from  which  the  department  for  which  the  property  is  sold  draws 
its  revenue. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval 

(Approved  July  9,  1890.    Vol.  3,  P-  487) 


OF  THE  CITY  OF  OAKLAND,  CAL.  103 

ORDINANCE   No.    1216. 


AN   ORDINANCE   CREATING  THE    OFFICE   OF   CHINESE 

INTERPRETER  OF  THE  POLICE  COURT— DEFINING 

THE    DUTIES    AND     FIXING    THE    SALARIES    OF    THE 
INCUMBENT. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i  The  office  of  Chinese  Interpreter  of  the  Police  Court 
is  hereby  established,  the  same  to  be  filled  by  appointment  by  the 
Police  Judge. 

Section  2.  It  shall  be  the  duty  of  such  Chinese  Interpreter  to  be 
in  attendance  upon  said  court,  and  to  interpret  from  the  Chinese  lan- 
guage into  English,  and  vice  versa,  whenever  required. 

Section  3.  The  salary  of  such  Chinese  Interpreter  is  hereby  fixed 
at  the  sum  of  $35  per  month. 

Section  4.  An  ordinance  entitled  "An  Ordinance  Fixing  the 
Salary  of  the  Chinese  Interpreter  of  the  City  Justice's  Court,"  ap- 
proved Nov.  10,  1887,  is  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 


(Approved  October  30,  1890.    Vol.  3,  p.  529.) 


OKDINANCE   No.    1241. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  CORPORA- 
TION-YARD KEEPER,  DEFINING  HIS  DUTIES  ^ND 
FIXING  HIS  SALARY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  the  duty  of  the  Board  of  Public  Works  to 
appoint  a  keeper  of  the  Corporation  Yard  of  the  City  of  Oakland,  who 
shall  be  the  custodian  of  all  property  belonging  to  the  City  of  Oak- 
land that  may  be  stored  in  said  Corporation  Yard,  and  it  shall  be  the 
duty  of  said  keeper  to  take  care  of  all  horses,  harness,  vehicles,  im- 


I04  GENERAIv  MUNICIPAL  ORDINANCES 

plements  and  other  movable  property  used  by  the  several  departments 
of  the  City  Government,  which  may  at  any  lime  be  lodged  or  stored 
in  said  Corporation  Yard. 

Section  2.  The  keeper  of  tfie  Corporation  Yard  shall  be  respon- 
sible to  the  Board  of  Public  Works  for  a  true  and  faithful  performance 
of  his  duties.  He  shall  at  all  times  be  subject  to  the  orders  of  the 
Board  of  Public  Works,  and  shall  submit  to  said  Board  quarterly  au 
inventory  of  the  property  stored,  lodged  and  cared  for  in  said  Cor- 
poration Yard. 

Section  3.  The  keeper  of  the  Corporation  Yard  shall  receive  a 
salary  of  $75  per  month  as  compensation  for  his  services. 

Section  4.  This  ordinance  shall  go  into  full  force  and  effect  im- 
mediately after  its  approval. 

(Approved  December  8,  1890.     Vol.  3,  p.  547.) 


ORDINANCE   No.   1694. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  "NIGHT 
WATCHMAN  OF  THE  CITY  HALL"  AND  DEFINING 
THE  POWERS  AND  DUTIES  AND  FIXING  THE  SAL- 
ARY THEREOF  AND  PROVIDING  FOR  THE  APPOINT- 
MENT TO  FILL  SAID  OFFICE. 

Be  it  Ordained  bv  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  office  of  ''Night  Watchman  of  the  City  Hall"  is 
hereby  created  and  the  powers  and  duties  of  which  shall  be  as  in  this 
ordinance  hereinafter  defined. 

Section  2.  The  "Night  Watchman  of  the  City  Hall"  shall  be  ap- 
pointed by  the  City  Council  of  the  City  of  Oakland  by  resolution  of 
said  Council,  and  shall  hold  office  at  the  pleasure  of  the  said  Council. 

Section  3.  The  salary  of  the  "Night  Watchman  of  the  City  Hall" 
is  hereby  fixed  at  $85.00  per  month. 

Section  4.  The  powers  and  duties  of  the  "Night  Watchman  of 
the  City  Hall"  are  hereby  defined  as  follows: 

He  shall  be  under  the  direction  of  the  City  Council,  have  the  im- 
mediate charge  of  the  City  Hall  of  the  City  of  Oakland  and  the  fur- 
niture and  other  property  therein  contained  in  the  night  time  and  shall 
be  at  the  said  City  Hall  every  night  between  the  hours  of  7  o'clock 
p.  m.  and  7  o'clock  a.  m.  He  shall  keep  vigilant  watch  over  the  rooms 
and  halls  of  said  City  Hall,  and  the  furniture  and  other  property  con- 


OF  THE  aXY  OF  OAKLAND,  CAL.  105 

tained  therein,  during  the  hours  of  the  night  and  protect  the  same  and 
give  immediate  alarm  in  case  of  fire  or  other  danger,  and  perform 
such  other  duties  relating  to  his  employment  as  the  City  Council  may, 
by  resolution,  from  time  to  time  require. 

Section  5.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  lull  force 
immediately  upon  its  passage  and  approval. 

(Passed  over  veto  July  18,  1895.    Vol.  4,  p.  702.) 


ORDINANCE   No.   1695. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  "JANITOR 
OF  THE  CITY  HALL"  AND  DEFINING  THE  POWERS 
AND  DUTIES  AND  FIXING  THE  SALARY  THEREOF 
AND  PROVIDING  FOR  THE  APPOINTMENT  TO  FILL 
SAID  OFFICE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  office  of  "Janitor  of  the  City  Hall"  is  hereby 
created,  and  the  powers  and  duties  of  which  shall  be  as  in  this  ordin- 
ance hereinafter  defined. 

Section  2.  The  "Janitor  of  the  City  Hall"  shall  be  appointed  by 
the  City  Council  of  the  City  of  Oakland,  by  resolution  of  sai-i 
Council,  and  shall  hold  office  during  the  pleasure  of  the  said  Council. 

Section  3.  The  salary  of  the  "Janitor  of  the  City  Hall"  is  hereby 
fixed  at  ninety  dollars  per  month. 

Section  4.  The  powers  and  duties  of  the  "Janitor  of  the  City  Hall" 
are  hereby  defined  as  follows: 

He  shall  be  in  attendance  at  the  City  Hall  of  the  City  of  Oakland 
daily  between  the  hours  of  7  o'clock  a.  m.  and  7  o'clock  p.  m.,  and  at 
such  other  times  as  the  City  Council  may  require.  He  shall  keep  the 
rooms  and  halls  of  the  City  Hall  building  clean  and  in  order  and 
have  general  charge  and  care  of  the  furniture  and  other  property  be- 
longing to  the  City  of  Oakland,  contained  in  the  said  building,  and 
shall  perform  such  other  duties  pertaining  to  the  care  of  the  City 
Hall  as  the  City  Council,  by  resolution,  may  from  time  to  time  re- 
quire. 

Section  5.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 


io6  GENERAIv  MUNICIPAIv  ORDINANCES 

Section  6.     This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  passage  and  approval. 

(Passed  over  veto  July  i8,  1895.     Vol.  4,  p.  704.) 


ORDINANCE   No.    1727. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  FIRST  AS- 
SISTANT ENGINEER  OF  THE  FIRE  DEPARTMEN  r 
OF  THE  CITY  OF  OAKLAND,  PRESCRIBING  THE 
DUTIES,  FIXING  THE  SALARY  AND  REPEALING 
ANY  ORDINANCE  OR  PART  OF  AN  ORDINANCE  IN 
CONFLICT  THEREWITH. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  office  of  First  Assistant  Engineer  of  the  Fire  De- 
partment of  the  City  of  Oakland  is  hereby  created  and  in  addition  to 
his  duties  as  Assistant  Engineer,  shall  hereafter  be  ex-oificio  Fire 
Warden  and  exercise  the  duties  of  that  office. 

Section  2.  The  duties  appertaining  to  the  office  of  Fire  Warden 
shall  be  to  assist  in  the  enforcement  of  the  Fire  Ordinances  of  the 
City  of  Oakland;  and  for  this  purpose  the  Fire  Warden  shall  examine 
•  all  buildings  in  process  of  construction  or  repairs,  and  shall  examine 
flues  and  chimneys  when  applied  to  for  that  purpose  by  any  citizen, 
and  if  found  in  a  dangerous  condition  shall  cause  the  same  to  be  re- 
paired or  removed  by  the  owner  of  the  building  or  premises;  he  shall 
visit  yards  and  enclosures  in  the  rear  of  buildings,  and  the  basements 
of  buildings  where  he  has  reason  to  believe  that  dangerous  or  inflam- 
mable material  is,  is  kept  or  stored  and  shall  cause  the  same  to  be 
removed  if  dangerous  at  the  expense  of  the  owner  or  occupant  of  the 
premises.  He  shall  investigate  such  matters  as  may  be  referred  to 
him  by  the  City  Council,  making  report  to  that  body  the  result  of 
such  investigations.  He  shall  institute  prosecutions  by  complaint 
against  all  persons  who  shall  violate  any  ordinance  of  the  City  of 
Oakland  in  relation  to  the  prevention  of  fires,  and  shall  perform  such 
other  duties  as  the  City  Council  may  hereafter  impose. 

Section  3.     The  salary  of  the  First  Assistant  Engineer  of  the  Fire 
Department  is  hereby  fixed  at  $125  per  month. 

Section   4.     Any  ordinance   or  part   of  an    ordinance   in   conflict 
herewith  is  hereby  repealed. 


OF  THE  CITY  OF  OAKLAND.  CAL.  107 

Section  5.     This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  January  31,  i8g6.    Vol.  5,  p.  26.) 


ORDINANCE   No.    1668. 


AN  ORDINANCE  PROVIDING  FOR  THE  PURCHASE  OF 
FURNITURE,  FUEL,  BOOKS,  STATIONERY  AND 
OTHER  SUPPLIES  FOR  THE  CITY  OF  OAKLAND 
UPON  REQUISITIONS  AND  REPEALING  ORDINANCE 
NO.  1553,  APPROVED  JUNE  19,  1893. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Whenever  any  court,  board  or  officer  of  the  City  ol 
Oakland  shall  require  furniture,  fuel,  book.s  or  stationery  or  other 
supplies  of  any  kind  necessary  for  the  transaction  of  public  business, 
or  for  the  maintenance  of  the  departments  of  the  City  Government, 
said  courts,  board  or  officer  of  the  city  shall  make  written  requisition 
therefor  upon  a  printed  form  furnished  by  the  Auditor.  Said  requi- 
sition shall  state  in  clear  and  explicit  terms  the  quantity  and  kind  of 
supplies  needed,  the  estimated  cost  thereof,  how,  when  and  where  to 
be  delivered-and  if  a  contract  exists,  the  name  of  the  person,  firm  or 
corporation  under  contract  with  the  city  to  furnish  the  same. 

Section  2. — Whenever  the  cost  of  any  furniture,  fuel,  books,  stat- 
ionery or  other  supplies  shall  exceed  |roo,oo,  the  requisition  provided 
for  in  Section  i  of  this  ordinance  shall  be  approved  by  the  City  Council. 

Whenever  the  cost  of  any  furniture,  fuel,  books,  stationery  or  other 
supplies  shall  not  exceed  $100.00  the  requisition  therefor  shall  be  ap- 
proved by  at  least  two  of  the  following  named  persons,  viz.:  The 
Chairman  of  the  Auditing  and  Finance  Committee,  or  President  of  the 
Council  and  Mayor  of  the  city. 

(Amendment  approved  April  29,  1898.     Vol.  5.  p.  264  ^ 

Section  3.  All  claims  against  the  City  of  Oakland  for  furniture, 
fuel,  books,  stationery  or  other  supplies  presented  for  payment  shall 
have  an  approved  requisition  attached  thereto,  and  said  requisition 
shall  agree  with  the  stub  of  the  same  kept  in  the  office  of  the  court, 
board  or  office  where  the  requisition  originated  and  said  claim  shall 
not  antedate  the  requisition  authorizing  it. 


io8  GENERAL  MUNICIPAL  ORDINANCES 

Section  4.     Ordinance   No.    1533  passed  June   13,    1893,   and  ap- 
proved  June  19,  1893,  is  hereby  repealed. 

Section  5.    This  ordinance  shall  take  effect  upon  its  passage  and 
approval. 

(Approved  February  23,  1895.     Vol.  4,  p.  665.) 


ORDINANCE   No.    1824. 


AN  ORDINANCE  PROVIDING  FOR  THE  ESTABLISHMENT 
OF  A  CORPORATION  YARD. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  the  duty  of  the  Board  of  Public  Works  to 
provide  a  suitable  place  at  a  rental  not  to  exceed  Twenty  Dollars  per 
month,  for  the  storage  and  repair  of  all  movable  materials  and  appar- 
atus not  in  use,  belonging  to  the  City  of  Oakland,  and  for  the  safe 
keepmg  of  vehicles,  harness,  horses,  implements  and  such  other  mov- 
able property  in  use  by  the  several  departments  of  the  City  Govern- 
ment, as  may  need  a  place  of  shelter  or  storage  outside  of  the  prem- 
ises regularly  occupied  by  such  departments. 

Section  2.  The  place  of  storage  thus  provided  by  the  Board  of 
Public  Works  shall  be  designated  and  known  as  "The  Corporation 
Yard  of  the  City  of  Oakland." 

Section  3.  Ordinance  No.  1240,  entitled  "An  Ordinance  Pro- 
viding for  the  Establishment  of  a  Corporation  Yard,"  approved  De- 
cember 8th,  1890,  is  here  repealed. 

Section  4.  This  ordinance  shall  go  into  effect  immediately  after  its 
approval. 

(Approved  August  27,  1897.     Book  5,  p.  167.) 


CHAPTER    II. 

Ordinances  Relating  to  Municipal  Licenses. 


[Note — An  ordinance  imposing  "an  annual  ground  rental"  upon 
telegraph  and  telephone  poles  will  be  found  in  Chapter  III,  post,  re- 
lating to  public  streets.] 


ORDINANCE   No.   551. 


AN  ORDINANCE  PROVIDING  FOR  THE  REGISTRATION 
AND  LICENSING  OF  DOGS  IN  THE  CITY  OF  OAK- 
LAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  No  dog  or  dogs  shall  be  permitted  to  run  at  large 
in  public  street,  place  or  grounds  within  the  City  of  Oakland  unless 
the  same  shall  be  duly  registered  as  hereinafter  specified,  and  the  tax 
thereon  fixed  by  this  ordinance  duly  paid. 

Section  2.  The  tax  on  every  dog  in  said  City  shall  be  One  Dol- 
lar and  Fifty  Cents  ($1.50)  per  annum  to  be  paid  to  the  Treasurer 
of  the  City  of  Oakland. 

(Amendment  approved  August  27,  1897.    Vol.  5,  p.  164.) 

Section  3.  The  Tax  Collector  shall  procure  each  year,  or  from 
time  to  time  as  may  be  necessary,  and  at  the  expense  of  the  city,  a 
sufficient  number  of  metallic  plates  or  tags,  not  to  exceed  in  expense 
the  sum  of  twenty-five  cents  each,  numbered  consecutively  and  indi- 
cating by  plain  figures  the  year  for  which  the  same  are  to  be  issued 
and  upon  the  payment  of  any  such  tax,  he  shall  enter  in  a  book  to 
be  kept  for  that  purpose  the  name  of  the  owner  and  a  description  oi 
the  dog  so  registered. 

(Amendment  approved  September  30,  1891.    Vol.  3,  p.  707.) 


no  GENERAL  MUNICIPAL  ORDINANCES 

Section  4.  Every  registered  dog  shall  be  provided  by  the  owner 
or  possessor  thereof  with  a  suitable  collar  at  least  three-fourths  of  an 
inch  wide,  and  have  attached  thereto  the  metallic  plate  or  tag  pro- 
vided for  in  Section  3  of  this  ordinance;  and  every  dog  not  registercl 
found  running  or  being  at  large  in  any  public  street,  place  or  ground. 
in  said  city  shall  be  seized  by  the  Poundmaster  or  his  deputies  and 
taken  to  the  public  pound,  where  they  may  be  redeemed  by  the  owner 
or  possessor  thereof  within  three  days  on  the  payment  to  the  sai-l 
pound-keeper  the  sum  of  three  dollars,  but  if  not  so  redeemed,  to  bt 
then  killed  by  said  pound-keeper;  and  for  all  dogs  redeemed  as  afore- 
said the  said  pound-keeper  shall  feed  the  same  one  pound  of  meal 
per  day  at  his  own  expense;  and  all  dogs  impounded  and  not  redeemed, 
and  killed  by  said  pound-keeper  as  aforesaid,  he  shall  feed  one  pound 
of  meat  per  day  at  the  expense  of  the  city  at  an  expense  not  to  exceed 
five  cents  per  day  for  each  dog.  ' 

Section  5.  If  any  unregistered  dog  while  running  or  being  at 
large  in  any  public  street,  lane,  alley,  public  ground  or  place  in  said 
city,  bite  any  person,  it  shall  be  the  duty  of  the  Captain  of  Police  to 
have  such  dog  immediately  killed. 

Section  6.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance,  so  far  as  they  conflict  with  the  same,  are  hereby  re- 
pealed. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  July  10,  1873.     Vol.  2,  p.  289.) 


ORDINANCE   No.    1009. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING  MU- 
NICIPAL LICENSES. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

liability  to  Pay  License] 
Section  i.     Every  person,  firm  or  corporation  engaged  in,  carry- 
ing on,  pursuing  or  conducting  within  the  limits  of  the  City  of  Oak- 
land any  business,  trade,  profession  or  employment,  hereinafter  speci- 
fied, shall  pay  the  license  hereinafter  provided. 


OF  THE  CITY  OF  OAKLAND,  CAL.  in 

[Penalty  for  Violating  this  Ordinance  ] 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  br 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  on*  day 
for  every  two  dollars  of  the  fine  so  imposed.  (Amendment  aporovcd 
November  18,  1891.     Vol.  3,  p.  745.) 

Section  3.  (Repealed  by  Charter,  Sees.  40  and  41,  and  by  Ordin- 
ance No.  1370.     Vol.  3,  p.  745.) 

[Auditor  to  Furnish  Blank  Licenses.] 

Section  4.  The  Auditor  shall  prepare  and  have  printed  blank 
licenses  of  all  classes  and  denominations,  dog  tags,  vehicle  and  boat 
and  basket  numbers,  for  terms  to  correspond  with  the  provisions  of 
this  or  any  subsequent  ordinance.  He  shall  have  all  licenses  and  tags 
numbered,  and  after  having  signed  the  licenses  shall  from  time  to  time 
deliver  them  to  the  Tax  Collector  in  such  quantities  as  may  be  re- 
quired, taking  his  receipt  therefor  and  charging  him  therewith,  giving 
in  the  entry  the  numbers,  classes  and  amounts  therefor.  He  must 
keep  in  his  office  a  ledger  in  which  he  shall  keep  the  Tax  Collector's 
account  of  all  licenses  delivered  to  him,  sold  or  returned  unsold  to 
him.  He  shall  at  the  close  of  each  month  demand  and  receive  from 
the  Tax  Collector  all  such  licenses,  blanks,  dog  tags,  vehicle,  boat  and 
basket  numbers  or  plates,  not  issued  and  paid  for,  and  immediately 
credit  him  therewith.  He  shall  at  the  same  time  credit  the  Tax  Col- 
lector with  all  licenses,  blanks,  dog  tags,  yehicle.  boat  and  basket 
numbers  or  plates  issued  and  paid  for  during  the  month,  specifying 
their  numbers,  classes  and  values,  and  cancel  the  account  in  such  a 
manner  as  to  show  a  monthly  settlement  with  said  Tax  Collector.  He 
shall,  on  or  before  the  5th  day  of  each  month,  require  and  receive 
from  the  Tax  Collector  a  sworn  monthly  report,  showing  the  number 
and  class  of  each  license,  the  number  of  dog  tags,  boat,  vehicle  and 
basket  numbers  or  plates  on  hand  and  received  during  the  month, 
with  total  number  of  each  class  issued  during  the  month  next  pre- 
ceding, and  the  amount  paid  over  to  the  City  Treasurer.  This  report. 
if  found  correct,  he  shall  immediately  file  with  the  City  Council. 
(Amendment  approved  November  18,  1891.     Vol.  3,  p.  745.) 

[Tax  Collector  to  Keep  a  Record  of  Licenses  Issued  ] 

Section  5.  The  Tax  Collector  shall  furnish  the  report  mentioned 
in  the  preceding'  section  (4),  and  shall  keep  a  record  of  all  licenses, 
dog  tags,  vehicle  and  boat  numbers  sold.  He  shall  also  keep  such 
other  books  as  may,  in  his  judgment,  be  necessary,  or  as  may  be 
required  by  the  City  Council.  (Amendment  approved  November  18. 
1891.    Vol.  3,  p.  745-) 


112  GENERAL  MUNICIPAL  ORDINANCES 

[License  to  Be  Paid  in  Advance.] 

Section  6.  All  licenses  shall  be  paid  for  in  advance  in  the  legal 
currency  of  the  United  States  and  at  the  office  of  the  Tax  Collector, 
and  not  otherwise.  No  license  shall  be  issued  by  the  Tax  Collector 
on  any  other  blank  than  that  received  from  the  Auditor. 

No  greater  or  less  amounts  of  money  shall  be  charged  or  received 
for  licenses  so  issued  than  is  provided  in  this  ordinance,  and  no  license 
shall  be  sold  or  issued  for  any  period  of  time  other  than  is  provided  in 
this  ordinance. 

No  person  required  to  be  licensed  shall  receive  from  the  Tax  Col- 
lector, his  clerk  or  assistants,  any  license,  dog  tag  vehicle  or  boat 
number  for  a  longer  or  shorter  period,  or  pay  therefor  any  greater,  or 
less  amount  of  money  t.han  is  provided  in  this  ordinance.  Amend- 
ment approved  -November  i8,  1891.     Vol.  3,  p.  745.) 

[License  to  Be  Exhibited.] 

Section  7.  Every  person  having  a  license  under  the  provisions 
of  this  ordinance  shall  place  and  exhibit  the  same  at  all  times,  while 
in  force^  in  some  conspicuous  part  of  his  or  her  place  of  business, 
and  shall  produce  or  exhibit  the  same  when  applying  for  a  renewal  or 
when  requested  to  do  so  by  any  police  ofificer  or  officer  of  the  Li- 
cense Department. 

[Peddlers  to  Exhibit  When  Requested.] 

Section  8.  Every  peddler  while  engaged  in  peddling  shall  carry 
his  license  and  exhibit  it  when  required  by  any  license  or  police  officer. 

[License  Not  Assignable.] 

Section  9.  No  license  granted  or  issued  under  any  of  the  pro- 
visions of  this  ordinance  shall  be  assignable  or  transferable  without 
the  permission  of  the  Tax  Collector  indorsed  thereon;  said  assign- 
ment or  transfer  must  be  recorded  upon  a  registry  kept  for  that  pur- 
pose.    (Amendment  approved  November  18,  1891.     Vol.  3,  p.  745.) 

[Dates  of  Licenses.] 

Section  10.  All  dog  licenses  and  vehicle  licenses  shall  date  from 
the  first  of  January  or  the  first  day  of  July  of  each  year.  All  other 
licenses,  whether  monthly,  quarterly,  semi-annually  or  annual,  required 
by  the  provisions  of  this  ordinance  shall  date  from  the  first  day  of  the 
month  in  which  the  person,  firm  or  corporation  procuring  the  same 
commences  the  business,  trade,  profession  or  employment  required  to 
be  licensed,  or  from  the  time  of  the  expiration  of  the  license  next  pre- 
ceding, unless  provided  otherwise  by  this  ordinance. 


OF  THE  CITY  OF  OAKLAND,  CAL.  ii^ 

[Money  to  Be  Paid  to  the  City  Treasurer.] 

Section  ii.  All  money  collected  by  the  Tax  Collector  for  licenses 
shall  be  paid  by  him  at  or  before  the  close  of  every  month,  or  at  such 
other  times  as  the  Council  may  direct,  to  the  City  Treasurer,  and  re- 
ceipt taken  therelor.  (Amendment  approved  NoverrJjer  i8,  189 1. 
Vol.  3,  P-  745) 

fWhen  Must  Be  Produced.] 

Section  12.  A  license  must  be  procured  from  the  Tax  Collector 
immediately  before  the  commencement  of  any  business,  trade  or  pro- 
fession or  employment  required  by  this  ordinance  to  be  licensed,  and 
a  separate  license  must  be  obtained  for  each  branch,  establishment  or 
separate  place  of  business,  which  license  authorizes  the  party  obtain- 
ing it  to  carry  on,  pursue  or  conduct  only  that  business,  trade,  pro- 
fession or  employment  described  in  such  license,  and  only  at  the  loca- 
tion or  place  of  business  which  is  indicated  thereby.  (Amendment 
approved  November  18,  1891.    Vol.  3,  p.  745.) 

[Powers  and  Duties  of  License  OflBcers.  | 

Section  13.  All  license  officers,  in  the  discharge  and  performance 
of  their  official  duties,  and  all  regular  police  officers  shall  have  and 
exercise  the  power: 

First — To  make  arrests  for  the  violation  of  any  of  the  provisions 
of  this  ordinance. 

Second — To  enter  free  of  charge,  at  any  time,  any  place  of  busi- 
ness for  which  a  license  is  required  and  provided,  and  to  demand  the 
exhibition  of  such  license  for  the  current  term  from  any  person,  firm 
or  corporation  engaged  or  employed  in  the  transaction  of  such  busi- 
ness; and  if  such  person,  firm  or  corporation  shall  then  and  there  fail 
to  exhibit  such  license,  such  person,  firm  or  corporation  shall  be  liable 
to  the  same  penalty  as  provided  for  in  section  2  of  this  ordinance. 

It  is  hereby  made  the  duty  of  the  License  Inspector  to  cause  com- 
plaints to  be  filed  against  all  persons,  firms  or  corporations  violating 
any  of  the  provisions  of  this  ordinance.  (Amendment  approved  No- 
vember iS,  1891.    Vol.  3.  p.  745.) 

[Sworn  Statements  of  Receipts  to  Be  Made  to  Tax  Collector.] 

Section  14.  In  all  cases  where  the  amount  of  license  to  be  paid  by 
any  person,  firm  or  corporation  is  based  upon  the  amount  of  receipts 
of  sales  effected  or  business  transacted,  such  person,  firm  or  corpora- 
tion shall  render  a  sworn  statement  in  writing  to  the  Tax  Collector, 
made  before  some  officer  authorized  to  administer  oaths,  of  the  total 
amount  of  receipts,  sales  made  or  business  done  by  said  person,  firm 
or  corporation  respectively  during  the  three  months  next  preceding 


114  GENERAL  MUNICIPAL  ORDINANCES 

the  expiration  of  the  last  license,  which  statement  shall  determine  the 
amount  for  which  such  license  shall  be  issued  or  renewed.     (Amend 
ment  approved  November  i8,  1891.     Vol.  3,  p.  745.) 

Section  15.  If  any  person  shall  furnish  evidence  satisfactory  to 
the  Auditor  that  such  person,  by  reason  of  physical  infirmity,  un- 
avoidable misfortune  or  unavoidable  poverty,  merits  exemption  from 
the  operation  of  this  ordinance,  said  Audtor  may  issue  to  such  person 
a  free  license,  upon  having  first  obtained  the  consent  in  writing  of  the 
Tax  Collector  and  Mayor  therefor.  In  each  case  it  shall  be  the  duty 
of  the  Auditor  to  investigate  the  merits  thereof  and  grant  a  free  li- 
cense only  in  meritorious  cases. 

Whenever  the  Auditor  is  satisfied  that  the  receipts  for  any  exhi- 
bition, concert,  lecture  or  other  entertainment  is  to  be  or  will  be 
appropriated  to  any  church,  school  or  religious  or  benevolent  pur- 
pose, within  the  City  of  Oakland,  he  may  grant,  as  of  course,  a  free 
license  for  the  same  to  the  person  or  persons  about  to  conduct  the 
same. 

(Amendment  approved  June  6,  1889.     Vol.  3,  p.  339.) 

[Evidence  of  Not  Procuring  License.] 

Section  16.  Upon  the  trial  of  any  criminal  action  brought  under 
or  arising  from  any  provision  or  provisions  of  this  ordinance,  the 
defendant  shall  be  deemed  not  to  have  procured  the  required  license 
unless  he  or  Ae  either  produces  it  or  proves  having  paid  for  it  to  the 
proper  officer. 

[Evidence  of  Liability  to  Pay  License  ] 

Section  17.  In  any  action  brought  under  or  arising  out  of  any  of 
the  provisions  of  this  ordinance,  the  fact  that  a  party  represented 
himself  or  herself  as  engaged  in  any  business  or  employment  for  the 
transaction  of  which  a  license  is  by  this  ordinance  required,  or  that 
such  party  exhibited  a  sign  indicating  such  business  or  employment, 
shall  be  prima  facie  evidence  of  the  liability  of  such  party  to  pay  a 
license 

rConvictlon  Not  to  Exempt  from  License.] 

Section  18.  The  conviction  and  punishment  of  any  person  for 
transacting  any  business  without  a  license  shall  not  excuse  or  exempt 
such  person  from  the  payment  of  any  license  due  or  unpaid  at  the 
time  of  such  conviction. 

[Police  Officers  to  Act  as  Assistant  Inspectors  of  Licenses— Their  Duties.] 

Section  19.  All  Police  Officers  are  hereby  appointed  Assistant 
Inspectors  of  Licenses,  and  in  addition  to  their  several  duties  as  Police 
Officers  are  hereby  required  to  examine  all  places  of  business  and 


OF  THE  CITY  OF  OAKLAND,  CAL.  115 

persons  on  their  respective  beats  liable  to  pay  license,  and  to  see  that 
such  licenses  are  taken  out  and  that  no  other  business  than  the  one 
described  in  the  license  is  carried  on  or  transacted.  Said  Assistant 
Inspectors  of  Licenses  shall  make  out  once  in  every  month  a  list  of 
persons,  firms,  corporations  having  no  license,  with  their  places  of 
business,  and  deliver  such  list,  carefully  and  legibly  written,  to  the 
proper  License  Officer  or  Inspector  and  also  report  to  said  License 
Officer  or  Inspector  the  names  of  all  such  doing  busi- 
ness without  a  license  immediately  upon  the  fact  coming  to  their 
knowledge.  Any  Police  Officer  failing  or  neglecting  for  more  than 
thirty  days  to  report  any  person,  firm  or  corporation  who  or  which 
is  engaged  in  transacting  business  without  having  paid  the  required 
license  shall  be  guilty  of  neglect  of  duty  and  be  either  suspended  from 
duty  or  dismissed  from  the  police  force.  The  Captain  of  Police  is 
hereby  directed  to  carry  into  effect  the  provisions  of  this  section. 


[Tax  Collector  to  Number  Vehicles  and  Boats.] 

Section  20.  The  Tax  Collector  shall  assign  a  separate  number  to 
each  and  every  vehicle  or  boat  for  which  he  issues  a  license,  and 
shall  furnish  a  tin  oV  plate  in  duplicate  with  each  number  thereon,  for 
which  he  shall  charge  the  sum  of  one  dollar;  provided,  that  no  two 
vehicles  of  the  same  class  or  two  boats  shall  have  the  same  number. 
Such  number  shall  be  permanent,  without  regard  to  the  ownership 
of  such  vehicle  or  boat,  and  shall  be  affixed  to  such  vehicle  or  boat 
by  the  party  obtaining  the  license,  in  the  manner  and  place  desig- 
nated by  the  Tax  Collector;  and  no  person  shall  use  or  drive,  or  per- 
mit to  be  used  or  driven,  any  vehicle  or  boat  belonging  to  him  01 
under  his  control  without  having  such  number  affixed  thereto,  and 
such  number  shall  not  be  inverted,  covered,  mutilated  or  otherwise 
rendered  obscure  or  illegible.  (Amendment  approved  November  18, 
1891.     Vol.  3,  P-  745) 

Section  21.  Any  person  driving  or  having  control  of  any  vehicles 
on  which  a  number  is  required  to  be  placed  shall  give  the  number  of 
his  vehicle  on  the  inquiry  of  any  person.  Every  proprietor  and  every 
driver  of  any  hackney  carriage,  and  every  runner  and  soliciting  agent, 
shall,  while  soliciting  patronage  or  employment  for,  or  driving  any 
hackney  carriage,  wear  conspicuously  exposed  upon  the  outside  lapel 
of  his  coat  a  badge,  showing  in  plain  Roman  letters  and  Arabic  num- 
erals, of  such  size,  form  and  color  as  may  be  designated  by  the  Ta.x 
Collector,  the  number  of  the  hackney  carriage  of  which  he  is  the 
driver  or  for  which  he  is  soliciting  patronage  or  employment. 

The  Tax  Collector  shall  furnish  the  badges  in  the  section  pro- 
vided for,  and  shall  charge  and  collect  for  each  badge  the  sum  of  one 
dollar.     (Amendment  approved  November  18,  1891.     Vol.  3,  p.  745.) 


Ii6  GENERAL  MUNICIPAL  ORDINANCES 

[Who  Are  Peddlers.J 

Section  22.  The  term  peddler  shall  include  every  person  who 
sells  or  offers  for  sale  goods,  wares  or  merchandise  on  any  street,  lanr., 
alley,  sidewalk  or  public  square^  or  who  carries  from  place  to  place 
in  either  a  pack,  vehicle,  basket  or  other  conveyance,  contrivance  or 
in  any  manner  whatsoever,  and  offers  to  or  does  sell,  barter  or  ex- 
change any  goods,  wares  or  merchandise  except  religious  publica- 
tions, newspapers,  periodicals,  provided  that  persons  furnishing  to 
retail  dealers  having  an  established  place  of  business  in  the  City  of 
Oakland^  to  become  a  part  of  said  retail  dealer's  stock  in  trade  in  such 
a  place  of  business,  and  a  producer  who  directly  furnishes  and  de- 
livers any  fish  .meat,  poultry,  fruit,  vegetables^  being  the  produce  of 
his  garden,  farm  or  dairy  to  any  person  in  the  City  of  Oakland,  shall 
not  be  deemed  a  peddler  within  the  meaning  of  this  ordinance.  Every 
person  who  collects,  purchases  or  barters  for  old  junk  or  second 
hand  articles  shall  be  deemed  as  peddlers.  No  peddler,  producer  or 
grower  of  meats,  poultry,  fish,  produce,  fruits  or  vegetables  or  other 
article  of  merchandise  shall  sell  or  offer  for  sale,  barter  or  exchange 
any  of  said  articles  or  merchandise  in  or  upon  any  of  the  public 
streets  or  highways  of  the  City  of  Oakland  described  as  follows: 
Bounded  on  the  north  by  the  north  line  of  Fourteenth  street,  on  the 
south  by  the  south  line  of  Sixth  street,  on  the  east  by  the  east  line  of 
Webster  street  and  on  the  west  by  the  west  line  of  Clay  street. 
(Amendment  approved  December  11,  1897.     Vol.  5,  p.  212.) 

[Who  Are  Solicitors  or  Order  Agents.] 

Section  23.  The  term  solicitor  or  order  agent  shall  include  all 
persons  who  solicit  or  take  orders  in  the  City  of  Oakland,  from  any 
person,  firm  or  corporation,  for  the  sale  or  purchase  of  any  article  or 
commodity;  provided,  that  those  soliciting  or  taking  orders  from 
retail  dealers  (and  dentists)  having  established  places  of  business  in 
the  City  of  Oakland  for  the  sale  or  purchase  of  any  article  or  com- 
modity to  become  a  part  of  the  said  retail  dealers,  or  dentists,  stock  in 
trade  in  such  places  of  business,  and  established  retail  dealers  solicit- 
ing or  taking  orders  from  their  regular  customers,  shall  not  be 
deemed  solicitors  or  order  agents  within  the  meaning  of  this  ordin- 
ance.    (Amendment  approved  December  11,  1897.     Vol.  5,  p.  214.) 

[Who  Are  Runners  and  Soliciting  Agents.] 

Section  24.  The  term  "runners"  and  "soliciting  agents"  shall 
include  all  persons  engaged  in  soliciting  or  endeavoring  to  influence 
or  secure  passengers  or  freight  for  any  boat,  vessel  or  steamboat;  or 
in  endeavoring  to  influence  or  secure  boarders,  lodgers  or  custom  for 
any  hotel,  tavern,  boarding  house,  or  lodging  house;  or  in  endeavor- 
ing to  influence  or  secure  patronage  or  custom  for  any  livery  stable, 


OF  THE  CITY  OF  OAKLAND,  CAL.  117 

or  for  any  hackney  carriage,  or  any  other  vehicle  other  than  the  one 
driven  by  such  runner  or  soliciting  agent. 

[Runners  to  Wear  Badges.  | 

Section  25.  Every  runner  or  soliciting  agent  for  a  hotel,  lodg- 
ing house,  boarding  house,  tavern  or  restaurant  shall,  while  en- 
gaged in  his  calling,  wear  conspicuously  exposed  upon  the  outside 
lapel  of  his  coat  a  badge  showing  by  proper  designation  in  plain 
Roman  letters  of  such  size  and  color  as  to  be  readily  seen  and  read, 
the  particular  establishment  for  which  he  shall  be  employed. 

Section  26.  (Repealed  by  Ordinance  No.  1370,  Vol.  3;  p.  745,  and 
by  Charter,  Section  44.) 

[Rates  and  Terms  of  Licenses.] 

Section  27.  The  rates  of  licenses  shall  be  according  to  the  fol- 
lowing schedule,  and  all  licenses  shall  be  issued  for  the  same  lengths 
of  time  as  those  for  which  the  rates  are  herein  given,  unless  otherwise 
herein  provided: 

[Broker's  License.] 

Sub.I.  For  every  person,  firm  or  corporation  engaged  in'  the 
business  of  buying  or  selling  stocks,  bonds,  State,  County,  City  stocks, 
or  stocks  of  incorporated  companies;  or  evidences  of  indebtedness  of 
private  persons  or  of  incorporated  companies  on  commission  or 
otherwise,  whose  aggregate  amount  of  purchases  and  sales  is  more 
than  $150,000  per  quarter,  $25  per  quarter.  For  those  whose  aggre- 
gate amount  of  purchases  and  sales  is  not  more  than  $150,000  per 
quarter,  but  more  than  $75,000  per  quarter,  $15  per  quarter.  For 
those  whose  aggregate  amount  of  purchases  and  sales  is  not  more 
than  $75,000  per  quarter,  but  more  than  $20,000  per  quarter,  $10  per 
quarter.  For  those  whose  aggregate  amount  of  purchases  and  sales 
is  $20,000  or  less  per  quarter,  $5  per  quarter. 

[Banker's  License.] 

Sub.  II.  For  every  per->on,  firm  or  corporation  engaged  in  the 
business  of  banking  or  loaning  money  at  interest,  receiving  deposits 
or  buying  and  selling  gold  and  silver  coin,  currency  notes  or  bills  of 
exchange,  or  gold  or  silver  bullion,  whose  total  amount  of  gross 
mcome  or  revenue  from  all  sources  is  more  than  $100,000  per  quarter, 
$60  per  quarter. 

For  those  whose  total  amount  is  not  more  than  $100,000,  and 
more  than  $50,000  per  quarter,  $40  per  quarter. 

For  those  whose  total  amount  is  not  more  than  $50,000,  and  more 
than  $35,000  per  quarter,  $25  per  quarter. 

For  those  whose  total  amount  is  $35,000  or  less  per  quarter,  $2.1 
per  quarter. 


ii8  GENERAL  MUNICIPAL  ORDINANCES 

[Billiard  and  Pool  Tables.  | 
Sub.  III.     For  every  person,  firm  or  corporation  engaged  in  the 
business  of  keeping  or  conducting  billiard,  bagatelle  or  pool  tables, 
for  each  billiard,  bagatelle  or  pool  table  not  for  private  use,  $4  per 
quarter. 

[Bowling  Alleys.] 

Sub.  IV.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  keeping  or  conducting  bowling  alleys,  for  each  alley  or 
bed,  $4  per  quarter. 

[Skating  Rinks.  I 

Sub.  V.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  keeping  or  conducting  skating  rinks,  for  each  skating 
rink,  $20  per  quarter. 

Livery  Stables.] 

Sub.  VI.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  keeping  or  conducting  livery  or  boarding  stables,  for 
each  livery  or  boarding  stable  whose  gross  receipts  amount  to  more 
than  $3000  per  quarter,  $8  per  quarter.  For  those  whose  gross  re- 
ceipts amount  to  not  more  than  $3000  per  quarter  and  more  than  $1500 
per  quarter,  $6  per  quarter.  For  those  whose  gross  receipts  amount 
to  $1500  or  less  per  quarter,  $4  per  quarter. 

[Intelligence  Offices.] 

Sub.  VII.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  keeping  or  conducting  intelligence  offices,  for  each  intel- 
ligence office,  $5  per  quarter. 

[Auctioneers.] 

Sub.  VIII.  For  auctioneers  and  all  other  persons  who  sell  any 
goods,  wares  or  merchandise  or  real  estate  at  public  auction  on  com- 
mission or  otherwise  fifty  ($50.00)  dollars  per  annum.  Provided, 
that  every  auctioneer  or  other  person  selling  or  oflfenng  for  sale  at 
public  auction  within  the  City  of  Oakland  any  goods,  wares  or  mer- 
chandise brought  into  said  city  for  the  purpose  of  being  sold  at 
auction  therein,  shall  take  out  a  license  for  the  period  such  sale  is  to 
be  conducted,  but  for  not  less  than  fifteen  (15)  consecutive  days  at  a 
time,  at  the  rate  of  fifteen  ($15.00)  dollars  per  day,  payable  in  ad- 
vance.    (Amendment  approved  December  21.  1897.     Vol.  5,  p.  22.) 

[Theaters,  Concert  Halls,  Etc.] 
Sub.  IX.     For  theaters,  concert  halls  and  other  places  of  enter- 
tainment, except  those  specified  hereafter,  seating  or  accommodating 
five  hundred  or  more  persons,  five   ($5)   dollars  per  day,  ten    ($10) 
dollars  per  month  or  twenty-five  ($25)  dollars  per  quarter.     For  those 


OF  THE  CITY  OF  OAKLAND,  CAL.  119 

accommodating  less  than  five  hundred  persons,  three  ($3)  dollars 
per  day,  eight  ($8)  dollars  per  month  or  twenty  ($20)  dollars  per 
quarter. 

(Amendment  approved  March  28,  1891.    Vol.  3,  p.  594.) 

[I^aundries.l 

Sub.  X.  For  owners  or  keepers  of  laundries  at  fixed  places  ot 
business  in  the  City  of  Oakland,  whose  gross  receipts  or  profits  are 
$2500  or  less  per  quarter,  $10  per  quarter.  For  those  whose  gros:, 
receipts  or  profits  are  more  than  $2500  per  quarter,  $15  per  quarter. 
For  each  firm,  corporation  or  person  who  shall  solicit  within  the 
City  of  Oakland  laundry  work  or  orders  therefor,  which  laundry 
work  is  not  to  be  done  in  the  City  of  Oakland,  the  sum  of  $10  per 
quarter. 

[Circuses  and  Menageries.] 

Sub.  XI.  For  each  exhibition  for  pay  of  a  menagerie  or  circus 
$100. 

[Acrobatic  Performances.] 

Sub.  XII.  For  each  exhibition  for  pay  of  any  acrobatic  per- 
formance, other  than  a  circus,  $2  per  day. 

[Pawn  Brokers  ] 

Sub.  XIII.  For  every  person,  firm  or  corporation  engaged  in 
the  business  of  pawn-broking,  whose  total  amount  of  business  trans- 
acted is  over  $2000  per  quarter,  $75  per  quarter.  For  those  whose 
total  amount  of  business  is  $2000  or  less  per  quarter,  $50  per  quarter. 

[Fortune  Tellers,  Mediums,  Etc  ] 

Sub.  XIV.  For  every  astrologer,  seer,  fortune  teller,  clairvoyant, 
spiritualist,  or  spiritual  medium,  who  demands  a  fee  for  his  or  het 
services,  or  gives  an  exhibition  at  any  place  where  an  admission  fee 
is  charged,  $5  a  week,  $15  a  month  or  $30  per  quarter. 

[Race  Courses.] 

Sub.  XV.  For  every  person,  firm  or  corporation  who  owns, 
keeps  or  conducts  any  race  course,  for  each  race  course  $5  per  day  oi 
$25  per  quarter. 

[Runners  and  Soliciting  Agents.] 

Sub.  XVI.  For  every  runner  and  soliciting  agent,  $10  per 
quarter. 

Ilnsurance  Agents.] 

Sub.  XVII.  (Repealed  by  Ordinance  No.  1640.  Approved  Oc- 
tober 9,  1894.    Vol.  4,  p.  619.) 


I20  GENERAI,  MUNICAPAL  ORDINANCES 

[Express  Companies.] 

Sub.  XVIII.  For  every  person,  firm  or  corporation  engaged  in 
the  business  of  common  carriers  in  expressing,  transmitting  or  con- 
veying gold  dust,  bars,  bullion,  coin,  furniture  or  general  merchan- 
dise from  or  to  any  place  outside  of  the  City  of  Oakland,  whose 
gross  receipts  are  $10,000  or  more  per  quarter,  $30  per  quarter.' 

For  those  whose  gross  receipts  are  less  than  $10,000  and  not  less 
than  $5000  per  quarter,  $20  per  quarter. 

For  those  whose  gross  receipts  are  less  than  $5000  and  not  less 
than  $3000  per  quarter,  $10  per  quarter. 

For  those  whose  gross  receipts  are  less  than  $3000  per  quarter 
and  not  less  than '$1500  per  quarter,  $7.50  per  quarter. 

For  those  whose  gross  receipts  are  less  than  $1500  per  quarte.-, 
$5  per  quarter. 

[Dance  Houses  and  Ball  Rooms.] 

Sub.  XIX.  For  every  person,  firm  or  corporation  who  owns, 
keeps  or  conducts  any  public  dance  house  or  public  ball  room,  for 
each  public  dance  house  or  public  ball  room,  $10  per  day  or  $75  per 
quartei. 

[Powder  Magazines.] 

Sub.  XX.  For  every  person,  firm  or  corporation  who  owns  or 
keeps  any  gunpowder,  blasting  powder  or  giant  powder  magazine,  $30 
per  quarter.  Those  selling  any  gunpowder,  blasting  powder  or  giant 
powder  shall  pay  an  additional  license  for  selling  the  same  of  ^2^2 
per  quarter. 

[Warehouses.  | 

Sub.  XXI.  For  every  person,  firm  or  corporation  who  owns  or 
keeps  any  warehouse  used  for  the  storage  of  any  merchandise  or 
goods  whose  gross  receipts  are  more  than  $1500  per  quarter,  $15  per 
quarter.  For  those  whose  gross  receipts  are  $1500  or  less  per  quarter, 
$10  per  quarter. 

[Vehicles.] 

Sub.  XXII.  For  every  person,  firm  or  corporation  who  owns  or 
keeps  any  hackney  carriage,  stage  omnibus  or  other  vehicle,  for  each 
vehicle  drawn  by  two  or  more  horses  or  mules  and  having  seats  for 
more  than  four  persons,  $10  per  annum  or  $6  per  half  year. 

For  each  vehicle  drawn  by  two  or  more  animals  and  having  seats 
for  not  more  than  four  persons,  $5  per  annum  or  $3  per  half  year. 

For  each  vehicle  drawn  by  only  one  animal,  $3  per  annum  or  $2 
per  half  year. 

For  every  wagon  drawn  by  three  or  more  horses,  mules  or  other 
animals,  used  in  hauling  or  carrying  rock  or  macadam,  $12  per  annum 
or  $7  per  half  year. 


OF  THE  CITY  OF  OAKLAND,  CAL.  121 

For  every  truck,  dray  and  express  wagon  drawn  by  two  or  more 
animals,  $8  per  annum  or  $5  per  half  year. 

For  every  truck,  dray  or  express  wagon  drawn  by  one  animal, 
$5  per  annum  or  $3  per  half  year. 

For  every  cart  or  other  vehicle,  $5  per  annum  or  $3  per  half  year. 

Carriages  for  private  use  and  hackn€y  carriages  kept  in  and 
rented  from  licensed  livery  stables  only  as  a  part  of  the  regular  livery 
of  such  stables  shall  be  exempt  from  license.  Every  hackney  car- 
riage used  at  funerals,  or  for  which  custom  is  solicited  or  which  occu- 
pies any  place  as  a  stand,  or  is  kept  in  any  place  on  the  street  for 
hire,  shall  be  duly  licensed  and  shall  be  included  within  the  provis- 
ions of  this  section. 

[Dog  Licenses.] 

Sub.  XXIII.     For  every  dog  the  license  shall  be  $1.50  per  annum. 
(Amendment  approved  August  27,  1897.    Vol.  5,  p.  164.) 

[Assayers,  Refiners,  Etc.] 

Sub.  XXIV.  For  every  person,  firm  or  corporation  engaged  in 
the  business  of  assaying  ores  and  precious  metals,  or  of  melting  and 
refining  precious  metals,  whose  receipts  are  not  less  than  $1500  per 
quarter,  $20  per  quarter.  For  those  whose  gross  receipts  are  less 
than  $1500  per  quarter,  $10  per  quarter. 

j  Advertising  Agents,] 

Sub.  XXV.  For  every  person,  firm  or  corporation  engaged  in 
the  business  of  bill  posting,  advertising,  sign  painting  and  street  or 
railroad  car  advertising,  $10  per  quarter. 

[Keepers  of  Boarding  and  Lodging  Housel,  Hotels  and  Restaurants.] 

Sub.  XXVI.     (Repealed  by  Ordinance  No.  1046.    Vol.  3,  p.  291.) 

[Water  Companies.] 

Sub.  XXVII.  For  every  person,  firm  or  corporation  engaged  in 
supplying  or  furnishing  water  to  the  City  of  Oakland,  or  to  the  resi- 
dents thereof,  whose  total  receipts  are  more  than  $50,000  per  quartei*, 
$100  per  quarter. 

For  those  whose  total  receipts  are  not  more  than  $50,000  and 
more  than  $30,000  per  quarter,  $85  per  quarter. 

For  those  whose  total  receipts  are  not  more  than  $30,000  and 
more  than  $10,000  per  quarter,  $60  per  quarter. 

For  those  whose  total  receipts  are  not  more  than  $10,000  and 
more  than  $5000  per  quarter,  $45  per  quarter. 

For  those  whose  total  receipts  are  $5000  and  less  per  quarter,  $30 
per  quarter. 


12  2  GENERAL  MUNICIPAL  ORDINANCES 

[Gas  and  Electric  Ligbt  Companies.] 

Sub.  XXVIII.  For  every  person,  firm  or  corporation  engaged 
in  furnishing  or  supplying  to  the  residents  of  the  City  of  Oakland 
or  to  the  City  of  Oakland  gas  or  electricity  for  illuminating  or  heat- 
mg  purposes  whose  gross  receipts  are  more  than  $50,000  per  quarter, 
$150  per  quarter. 

For  those  whose  gross  receipts  are  not  more  than  $50,000,  and 
more  than  $.30,000  per  quarter,  $i'jo  per  quarter.  For  those  whose 
gross  receipts  are  not  more  than  $30,000  and  more  than  $20,000  per 
quarter,  $75  per  quarter. 

For  those  whose  gross  receipts  are  not  more  than  $20,000,  and 
more  than  $io,coo  per  quarter,  $50  per  quarter. 

For  those  whose  gross  receipts  are  $10,000  or  less  per  quarter, 
$40  per  quarter. 

[Messenger  Service  and  Telegraph  Companies.] 

Sub.  XXIX.  For  every  person,  firm  or  corporation  engaged 
in  supplying  or  furnishing  messengers  for  the  purpose  of  errand  boys 
or  engaged  in  the  business  of  renting  signal  boxes,  telephones,  tele- 
graph instruments  or  telegraph  lines  whose  gross  receipts  are  more 
than  $10,000  per  quarter,  $50  per  quarter. 

For  those  whose  gross  receipts  are  not  more  than  $10,000  and 
more  than  $5000  per  quarter,  $30  per  quarter. 

For  those  whose  gross  receipts  are  not  more  than  $5000  and 
more  than  $2500  per  quarter,  $25  per  quarter. 

For  those  whose  gross  receipts  are  $2500  or  less  per  quarter,  $15 
per  quarter. 

Provided,  that  separate  licenses  shall  not  be  required  for  each 
branch  ofifice  of  any  telegraph  company  or  company  supplying  or 
furnishing  messengers  transacting  business  in  the  City  of  Oakland. 


[Telegraph  Companies.] 

Sub.  XXX.  For  every  person,  firm  or  corporation  engaged  in 
the  business  of  telegraphing,  telephoning  or  receiving  or  sending  mes- 
sages by  telegraph  or  telephone  whose  gross  receipts  are  more  than 
$10,000  per  quarter,  $50  per  quarter.  For  those  whose  gross  receipts 
are  not  more  than  $10,000  and  more  than  $5000  per  quarter,  $35  per 
quarter. 

For  those  whose  gross  receipts  are  not  more  than  $5000  and  more 
than  $2500  per  quarter,  $25  per  quarter. 

For  those  whose  gross  receipts  are  $2500  or  less  per  quarter,  $15 
per  quarter. 


OF  THE  CITY  OF  OAKLAND,  CAL.  123 

I  Peddlers.  I 

Sub.  XXXI.  (A)  The  term  resident  peddler  is  intended  to 
mean  a  bona  fide  resident  of  the  City  of  Oakland,  and-  one  who  has 
resided  in  the  City  of  Oakland  continuously  for  at  least  thirty  days 
prior  to  his  application  for  a  peddler's  license.  The  term  non-resi- 
dent peddler  is  intended  to  mean  peddlers  who  do  not  reside  in  the 
City  of  Oakland,  but  who  come  to  the  said  City  of  Oakland  daily  or  oc- 
casionally to  peddle.  Non-resident  peddlers'  licenses  shall  in  all  cases 
be  double  the  amount  of  resident  peddler's  licenses. 

(B) — For  resident  peddlers  and  merchandise  from  vehicles  drawn 
by  animal  power,  $15  per  quarter;  and  from  hand  $10  per  quarter.  For 
resident  peddlers  of  meat,  fish,  vegetables,  fruit,  nuts,  game,  poultry, 
groceries,  produce  and  dairy  products,  from  vehicles  or  baskets,  $15 
per  quarter. 

For  resident  peddlers  of  candy,  confectionery,  flowers,  ice  cream, 
or  hokey  pokey,  five  ($5)  dollars  per  quarter;  provided  that  every 
peddler  of  merchandise,  meats,  fish,  vegetables,  fruit,  nuts,  game, 
poultry,  groceries,  produce  and  dairy  products,  shall  have  seceurely  fas- 
tened or  attached  to  their  vehicle,  basket  or  pack,  a  metallic  plate  or 
tag  which  shall  specify  the  quarter  for  which  said  license  shall  have  been 
issued;  provided,  that  the  Tax  Collector  shall  designate  the  style  or 
pattern  of  said  tag  or  plate  and  the  place  at  which  it  shall  be  attached 
or  fastened  to  said  vehicle,  basket  or  pack;  said  tags  or  plates  shall 
be  furnished  to  the  Tax  Collector  by  the  Auditor  and  shall  be  the 
only  license  issued  to  such  peddlers,  and  shall  date  from  the  first  day 
of  January,  April,  July  and  October  of  each  year;  and  the  Tax  Col- 
lector shall  keep  a  register  in  which  shall  be  recorded  opposite  each 
number  of  the  license  sold,  the  name  of  the  person  to  whom  the 
license  is  issued,  his  address  and  the  months  of  the  quarter  for  which 
the  license  is  sold. 

All  License  and  Police  Officers  are  hereby  authorized  and  directed 
to  remove  from  any  vehicle,  basket  or  pack  any  tag  or  plate  repre- 
senting a  license  for  and  expired  quarter  and  destroy  the  same. 
(Amendment  approved  December  17,  1894.    Vol.  4.  p.  635.) 

[■Solicitors  or  Order  Agents,] 

Sub.  XXXII.  For  every  solicitor  or  order  agent  soliciting  or 
taking  orders  in  the  City  of  Oakland  for  the  sale  or  purchase  of  books, 
maps,  charts  or  periodicals,  with  or  without  samples,  $10  per  quarter; 
and  for  every  one  soliciting  or  taking  orders  for  the  sale  or  pur- 
chase of  any  other  article  or  commodity  with  or  without  sample, 
whose  total  amount  of  sales  or  bu-.iness  transacted  is  $1500  or  more 
per  quarter,  $150  per  quarter. 

For  every  one  whose  total  amount  of  sales  or  business  transacted 
is  less  than  $1500  per  quarter,  $100  per  quarter. 


124  GENERAL  MUNICIPAL  ORDINANCES 

[Lumber  Dealers.  ] 

Sub.  XXXIII.  (Repealed  by  Ordinance  No.  1022.  Vol.  3,  p 
260.) 

[Pile  Drivers.) 

Sub.  XXXIV.  For  every  person,  firm  or  corporation  engaged  in 
the  business  of  driving  piles,  whose  gross  receipts  from  such  business 
are  more  than  $2500  per  quarter,  $20  per  quarter. 

For  those  whose  gross  receipts  are  not  more  than  $2500  and 
more  than  $1500  per  quarter,  $15  per  quarter. 

For  those  whose  gross  receipts  are  $1500  or  less  per  quarter,  $10 
per  quarter. 

[Street  Cars.] 

Sub.  XXXV.  For  every  steam  railroad  passenger  car,  drawn  or 
propelled  by  a  steam  locomotive  engine,  twenty  dollars  per  annum; 
provided,  that  no  car  that  runs  and  is  drawn  or  propelled  by  steam 
which  is  operated  exclusively  upon  main  or  through  lines  shall  be 
construed  to  be  within  the  provisions  of  this  ordinance;  and  provided 
further  that  cars  propelled  by  steam,  passing  through  the  limits  of  the 
City  of  Oakland  upon  a  railway  line  having  a  terminus  in  some  other 
incorporated  city  in  Alameda  County,  shall  be  excluded  from  the 
provisions  hereof. 

And  every  street  railroad  passenger  car  which  is  propelled  by 
means  of  a  wire  rope  or  cable  attached  to  steam  engines,  or  by  one 
or  more  horses  or  mules,  or  by  electric  motors,  ten  dollars  per  annum. 

Said  licenses  to  be  paid  quarterly  on  the  first  days  of  January, 
April,  July  and  October  of  each  year  and  to  date  from  the  commence- 
ment of  running  of  each  and  every  car  so  used;  provided  that  in  case 
a  car  duly  licensed  shall  be  withdrawn  for  repairs,  the  owner  or  own- 
ers may  substitute  another  car  in  its  place,  and  shall  receive  a  notice 
from  the  License  Inspector,  to  be  posted  in  such  substitute  car,  stat- 
ing such  fact,  and  such  notice  shall  contain  the  number  of  each  car. 

(Amendment  approved  December  13,  1893.     Vol.  4,  p.  51 1.) 


[Boats  1 

Sub.  XXXVI.  For  every  boat  let  for  pleasure  excursions  or  trips 
by  the  hour  or  part  of  an  hour,  $1  per  quarter. 

[Shooting:  Galleries.] 

Sub.  XXXVII.  For  every  person,  firm  or  corporation  who  owns 
or  keeps  any  shooting  gallery,  for  each  shooting  gallery,  $5  per 
quarter. 


OF  THE  CITY  OF  OAKLAND,  CAL.  125 

(Public  Gardens,  Parks,  Etc  ) 

Sub,  XXXVIII.  For  every  person,  firm  or  corporation  who 
owns  or  keeps  any  public  garden  or  park  where  an  admission  fee  is 
charged  to  such  garden  or  park,  $5  per  day  or  $25  per  quarter. 


(Dyers.) 

Sub.  XXXIX.  For  every  person,  firm  or  corporation  who 
owns  or  keeps  or  solicits  for  any  dyeing  establishment  or  carries  on 
the  business  of  dyeing,  whose  gross  receipts  exceed  $5000  per  quarter, 
$10  per  quarter.  For  those  whose  gross  receipts  do  not  exceed  $5000 
and  exceed  $3000  per  quarter,  $7  per  quarter.  For  those  whose  gross 
receipts  are  $3000  or  less  per  quarter,  $4  per  quarter. 

(Street  Musicians.) 

Sub.  XL.  For  every  street  musician,  $10  per  quarter  or  $1  per 
day. 

(Stallions.) 

Sub.  XLI.  For  every  person,  firm  or  corporation  who  keeps  a 
stallion  and  who  shall  permit  the  same  to  be  used  for  the  purpose  of 
propagation,  for  hire  or  profit,  $20  per  annum. 

(Jacks,  Rams  and  Bulb.) 

Sub.  XLII.  For  every  person,  firm  or  corporation  who  keeps  a 
jack,  ram  or  bull  for  the  purpose  of  propagation,  for  hire  or  profit, 
$10  per  annum. 

(Term  "Quarter"  Defined.) 

Section  28.  The  term  "quarter"  whenever  used  in  this  ordinance 
with  reference  to  time  shall  be  construed,  and  is  hereby  declared  to 
mean,  one  quarter  of  a  year. 

Section  29.  An  ordinance  entitled  "An  Ordinance  Establishing 
and  Regulating  Municipal  Licenses,"  passed  over  the  veto  of  his 
Honor,  the  Mayor,  June  30th,  1879.  and  all  amendments  thereto  and 
all  ordinances  and  parts  of  ordinances  in  conflict  herewith  are  hereby 
repealed. 

Section  30.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  May  20,  1887.    Vol.  3,  p.  248.) 


t26  GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE   No.   1093. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING 
THE  TRAFFIC,  VENDING  AND  DISPOSING  OF  SPIR- 
ITUOUS, MALT  AND  FERMENTED  LIQUORS  OR 
WINES,  OR  ANY  ADMIXTURE  THEREOF,  IN  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person, 
firm  or  corporation  to  establish,  open,  keep,  maintain  or  carry  on 
within  the  City  of  Oakland  any  saloon,  bar,  store,  dram  shop,  tippling 
place,  stand,  or  any  place  where  spirituous,  malt  or  fermented  liquors 
or  wines,  or  any  admixture  thereof,  are  sold  or  given  away;  or  fo: 
any  person,  firm  or  corporation  (except  as  hereinafter  provided)  to  sell^ 
within  the  limits  of  the  City  of  Oakland  any  spirituous,  malt  or  fer* 
mented  liquors  or  wines,  or  any  admixture  thereof,  without  havin.ij 
the  permission  and  license  therefor  as  in  this  ordinance  provided. 

Section  2.  Every  person,  firm  or  corporation  receiving  a  license 
under  this  ordinance  shall  place  the  same  so  that  it  shall  at  all  times 
be  conspicuous  and  easy  to  read  in  his  chief  place  of  making  sales, 
and  no  license  shall  permit  sales  by  any  person,  firm  or  corporation 
who  shall  neglect  this  requirement. 

Section  3.  No  license  issued  under  any  of  the  provisions  of  this 
ordinance  shall  be  assignable  or  transferable  without  the  consent  of 
the  Auditor  indorsed  thereon,  and  only  to  such  person,  firm  or  cor- 
poration as  have  obtained  from  the  City  Council  the  permission  here- 
inafter required,  and  having  filed  a  bond  as  hereinafter  provided,  and 
complied  in  all  other  respects  with  the  preliminary  requirements  of 
this  ordinance. 

Section  4.  No  person,  firm  or  corporation  shall  have  issued  to 
him  or  them  the  license  required  by  this  ordinance  unless  such  person, 
firm  or  corporation  be  of  good  moral  character,  and  first  obtain  per- 
mission as  provided  herein,  by  making  application  in  writing  to  the 
City  Council  at  a  regular  meeting  thereof  for  permission  to  obtain  the 
license  herein  required,  and  shall  file  with  said  application  a  written 
recommendation  signed  by  not  less  than  five  citizens  of  the  City  ol 
Oakland  occupying  or  owning  real  estate  within  one  block  from  the 
front  entrance  of  the  place  where  the  applicant  or  applicants  pro- 
pose to  carrj'  on  the  said  business,  and  setting, forth: 


OF  THE  CITY  OF  OAKLAND,  CAL.  127 

First— The  name  and  residence  of  the  applicant  or  applicants, 
and  how  long  he  or  they  have  there  resided. 

Second — The  particular  place  for  which  a  license  is  desired. 

Third — The  name  of  the  owner  of  the  premises. 

Fourth — That  the  applicant  or  applicants  are  the  only  person  or 
persons  in  any  manner  interested  in  the  business  asked  to  be  licensed, 
and  that  no  other  person  shall  be  in  any  manner  interested  therem 
during  the  continuance  of  the  permission. 

Fifth — Whether  or  not  the  applicant  or  applicants  have  had  a 
permission  or  license  for  the  sale  of  liquors  in  this  city  during  any 
time  preceding  his  or  their  present  application,  revoked. 

Sixth — That  the  applicaiit  or  applicants  are  of  good  moral  char- 
acter, and  suitable  to  conduct  such  a  place.  This  petition  must  be 
verified  by  affidavit  of  applicant  or  applicants  made  before  the  Cttr 
Clerk  or  some  authorized  Notary  Public.  Provided,  however,  that 
when  there  are  not  five  citizens,  occupying  or  owning  real  estate  within 
a  distance  not  exceeding  one  block,  as  provided  for  in  this  section, 
the  Council  may,  upon  the  recommendation  of  three  of  its  members, 
grant  such  permission. 

Seventh — The  term  "block"  in  this  ordinance  shall  be  construed 
as  follows: 

(a)  A  block  shall  not  exceed  300  feet  in  its  greatest  length. 

(b)  When  an  establishment  to  be  licensed  occupies  an  entire 
square  or  block  bounded  by  lour  streets,  a  block  shall  constitute  that 
frontage  ot  each  of  the  four  blocks  next  adjacent  immediately  facing 
the  block  occupied  by  the  applicant  or  applicants  for  such  permission. 

(c)  Where  the  establishment  to  be  licensed  occupies  a  corner  of 
the  block  or  square  on  which  it  is  located,  then  the  term  "block" 
shall  constitute  each  of  the  two  frontages  of  the  square  or  block  thus 
occupied,  and  of  which  the  property  on  which  the  applicant  or  appli- 
cants for  permission  is  located  constitutes  a  part. 

(d)  Where  tlie  estrablishinent  to  he  licensed  occupies  a  part  of 
either  frontage  in  a  block  or  square,  then  the  term  "block"  shall  con- 
stitute the  frontage  of  which  the  premises  thus  occupied  constitute  a 
part,  and  the  frontage  facing  the  same  in  the  block  or  square  next 
adjacent  and  on  the  opposite  side  of  the  street. 

Section  5.  No  permission  shall  be  granted  under  the  provisions 
of  this  ordinance  to  any  person,  firm  or  corporation  to  sell  such 
liquors  in  any  room  or  place  where  groceries,  drugs  or  merchandise, 
other  than  tobacco  and  cigars,  are  sold  at  wholesale  or  retail,  or  in 
any  room  or  place  having  any  opening  into  or  door  connection  with 
premises  where  groceries,  drugs  or  merchandise,  other  than  tobacco 
and  cigars,  are  sold  at  wholesale  or  retail. 

Section  6.  Such  applicant  or  applicants  shall,  at  the  time  of 
making  application  for  permission  to  obtain  a  license,  file  with  the 
City  Clerk  a  bond  in  the  penal  sum  of  one  thousand  ($1000)  dollars. 


128  GENERAL  MUNICIPAL  ORDINANCES 

with  two  or  more  sureties,  who  shall  each  be  a  resident  of  the  City  of 
Oakland,  and  shall  each  qualify  in  double  the  amount  of  the  penal 
sum  of  the  bond;  said  bond  to  be  approved  by  the  City  Council  and 
conditioned  that  the  said  applicants  shall  conduct  the  business  for 
which  the  license  is  sought  in  a  quiet,  orderly  and  reputable  manner, 
and  will  not  permit  any  breach  of  the  peace,  or  disturbance  of  the 
public  order  or  decorum,  by  any  tumultuous,  riotous  or  disorderly 
conduct  upon  the  premises,  and  shall  not  sell,  give  or  furnish  any 
intoxicating  liquor,  spirituous,  malt  or  fermented  liquor  or  wine,  or 
any  admixture  thereof,  to  any  person  in  a  state  of  intoxication,  or  to 
any  person  under  the  age  of  i6  yeais;  and  that  said  applicant  or  appli- 
cants shall  obey  and  abide  by  all  laws  and  ordinances  now  in  force 
and  which  may  be  hereafter  enacted,  regulating  the  time  of  closing 
saloons  and  places  of  business  where  spirituous,  malt  or  fermented 
liquors  or  wines,  or  any  admixture  thereof,  are  sold.  Said  applica- 
tion and  recommendation,  after  the  approval  of  said  bond,  shall  be 
immediately  referred  to  the  Municipal  License  Committee  for  investi- 
gation, who  shall  report  the  result  thereof  to  the  Council  at  the  next 
regular  meeting  following.  If  said  report  be  in  favor  of  granting  the 
permission  to  said  applicant  or  applicants^  the  Council  may,  by  reso- 
lution, grant  the  permission  applied  for.  which  permission  shall  re- 
main in  force  not  more  than  one  year  from  the  date  of  the  same,  and 
be  good  only  for  the  person,  firm  or  corporation  and  place  named 
therein,  and  shall  be  filed  with  the  Tax  Collector.  (Amendment  ap- 
proved July  27.  1893.    Vol.  4,  p.  453.) 

Section  7.  The  City  Council  shall  hear  petitions  from  residents 
of  the  ward  in  which  an  applicant  or  applicants  are  desirous  of  con- 
ducting such  business,  in  addition  to  that  of  the  applicant  or  appli- 
cants, in  favor  of  or  remonstrating  against  the  granting  of  such  per- 
mission, and  in  all  cases  shall  decide  impartially  as  to  the  necessity  or 
needlessness  of  such  permission,  for  the  accommodation,  peace  or 
order  of  the  public,  according  to  the  number,  character  and  showing 
of  the  petitioners  for  and  remonstrants  against  such  permission. 

Upon  sufficient  cause  being  shown  or  proof  furnished  to  the  said 
Council  that  any  person,  firm  or  corporation  holding  a  license  has 
violated  any  ordinance  of  the  city  'elating  to  the  sale  of  liquors  the 
City  Council  shall,  upon  notice  being  given  to  the  person,  firm  or 
corporation  so  licensed,  revoke  such  permission,  cancel  the  license 
and  declare  the  bond  forfeited. 

Section  8.  All  licenses  shall  be  paid  for  quarterly  in  advance  in 
lawful  money  of  the  United  States,  and  at  the  office  of  the  Tax  Col- 
lector of  the  City  of  Oakland,  who  is  hereby  authorized,  empowered 
and  required  to  collect  all  license  taxes  provided  for  by  this  ordinance; 
and  he  shall  not  issue  the  license  herein  provided  for,  except  to  such 
person,  firm  or  corporation  as  shall  have  presented  him  the  permis- 
sion of    the  City  Council  to  issue  such  license,  and  for  such  place 


OF  THE  CITY  OF  OAKLAND,  CAL.  129 

named  in  the  resolution  granting  the  permission,  and  for  this  pur- 
pose the  City  Clerk  shall  furnish  to  such  person,  firm  or  corpora- 
tion to  whom  pel  mission  shall  be  granted,  a  certified  copy  of  the 
resolution  granting  such  permission,  and  such  permission  must  be  m 
force  and  unrevoked  at  the  time  of  issuing  such  license. 

Section  g.  The  keeping  of  a  disorderly  or  disreputable  house  or 
place,  or  the  selling  or  giving  of  any  spirituous,  malt  or  fermented 
liquor,  or  wine,  or  any  admixture  thereof,  to  any  intoxicated  person, 
or  to  any  minor  under  the  age  of  16  years,  or  the  violating  of  any  ot 
the  provisions  of  this  ordinance  by  any  person,  firm  or  corporation 
hereby  licensed,  shall  be  deemed  a  misdemeanor,  and  on  conviction 
thereof  said  conviction  shall  work  a  revocation  and  forfeiture  of  the 
license  and  permission  obtained,  as  well  as  a  forfeiture  of  the  bond 
given  under  the  said  provisions,  and  no  license  shall  thereafter  be 
granted  to  such  person,  firm  or  corporation.  The  Council  may  at 
any  time  for  such  cause  as  they  or  a  majority  of  them  upon  investiga- 
tion deem  sufficient,  revoke  any  permission  granted  under  this  ordin 
ance,  and  it  is  especially  ordained  and  declared  that  all  such  permis- 
sions, though  granted  for  the  nominal  term  of  one  year,  are  held  at 
the  pleasure  of  the  Council. 

Section  10.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  pay  a  fine  not  exceeding  one  hundred  ($100) 
dollars,  and  in  case  such  fine  be  not  paid,  such  person  may  be  im- 
prisoned at  the  rate  of  one  day  for  every  one  dollar  of  the  fine  so 
imposed. 

Section  11.  All  License  Officers  in  the  discharge  of  their  official 
duties,  and  all  regular  Police  Officers,  shall  have  and  exercise  the  fol- 
lowing powers: 

First — To  make  arrests  for  the  violation  of  any  of  the  provisions 
of  this  ordinance. 

Second — To  enter  free  of  charge  at  any  time  any  place  of  business 
for  which  a  license  is  required  and  provided,  and  to  demand  the  ex- 
hibition of  such  license  for  the  current  quarter  from  any  person,  firm 
or  corporation  engaged  or  employed  in  the  transaction  of  such  busi- 
ness; and  if  such  person,  firm  or  corporation  shall  then  and  there  fail 
to  exhibit  such  license,  such  person,  firm  or  corporation  shall  be  liable 
to  the  penalty  provided  for  in  Section  10  of  this  ordinance;  and  it  is 
hereby  made  the  duty  of  all  Police  and  License  Officers  to  cause  com.- 
plaints  to  be  field  against  all  persons,  firms  or  corporations  violating 
any  of  the  provisions  of  this  ordinance. 

Section  12.  It  shall  be  the  duty  of  the  Chief  of  Police  to  make 
returns  and  file  the  same  with  the  City  Clerk  on  the  first  Monday  in 
each  month,  under  oath,  of  all  places  in  the  city  where  vinous,  spirit- 
uous, malt  or  fermented  liquors  or  wines,  or  any  admixture  thereof, 
are  kept  for  sale,  or  are  sold,  stating  which  of  said  places  are  licensed 


I30  GENERAI,  MUNICIPAI,  ORDINANCES 

and  which  are  unlicensed  under  this  ordinance;  and  any  failure  to 
comply  with  this  provision  shall  subject  the  Chief  of  Police  to  sus- 
pension or  removal  from  office,  and  the  Council  may  direct  the  Board 
of  Police  and  Fire  Commissioners  to  make  such  suspension  or  re- 
moval. 

Section  13.  It  shall  be  the  duly  of  the  Board  of  Police  and  Fire 
Commissioners  to  cause  all  places  in  the  city  where  said  liquors  are 
sold  to  be  visited  at  least  once  each  month  by  the  police,  to  ascertain 
if  any  of  the  provisions  of  this  or  any  other  city  ordinance  relating 
to  the  sale  of  liquors  has  been  violated,  and  whenever  an  officer  shall 
learn  of  any  violation  it  shall  be  his  duty  to  make  written  returns  of  the 
same  to  the  Board  of  Police  and  Fire  Commissioners,  with  the  names 
of  the  witnesses,  and  to  do  whatever  shall  be  in  his  power  to  bring 
the  offender  or  offenders  to  justice,  and  upon  any  neglect  or  refusal 
of  such  Police  Officer  to  perform  the  aforesaid  duty  the  Board  ot 
Police  and  Fire  Commissioners  shall  immediately  remove  from  the 
police  force  said  officer,  and  said  removal  shall  forever  disqualify  said 
officer  from  holding  any  position  under  the  government  of  the  City 
of  Oakland. 

'  Section  14.     The  license  tax  under  this  ordinance  shall  be  as  fol- 
lows: 

For  every  person^  firm  or  corporation  engaged  in  the  business  of 
selling  or  giving  away,  or  in  any  manner  furnishing,  in  any  saloon. 
bar,  stand  or  other  place  of  business,  or  in  any  public  place  in  the 
City  of  Oakland;  and  for  eveiy  person,  firm  or  corporation  who  sells, 
or  offers  to  sell,  or  keeps  for  the  purpose  of  sale,  in  the  City  of  Oak- 
land, any  spirituous,  malt  or  fermented  liquors  or  wines,  or  any  ad- 
mixture thereof,  one  hundred  ($100)  dollars  per  quarter  (three 
months)  or  portion  thereof,  in  advance.  Provided,  that  druggists  and 
apothecaries  shall  not  be  required  to  obtain  license  under  the  pro- 
visions of  this  ordinance  for  furnishing  liquors  upon  the  written  pre- 
scription of  a  regularly  licensed  and  registered  physician,  such  liquor 
in  no  case  to  be  used  or  drank  upon  the  premises,  nor  for  supplying 
alcohol  or  preparations  containing  the  same  for  scientific,  mechanical, 
medical  or  medicinal  purposes.  Provided,  further,  that  no  spirituous, 
vinous  or  malt  liquors  shall  be  sold  or  furnished  more  than  once  on  any 
one  prescription  of  such,  physician,  and  that  no  physician  shall  pre- 
scribe any  intoxicating  liquors  as  a  beverage  to  a  person  of  known 
intemperate  habits. 

Section  15.  An  ordmance  entitled  "An  Ordinance  Establishing 
and  Regulating  the  Traffic,  Vending  and  Disposing  of  Spirituous, 
Malt  and  Fermented  Liquors  or  Wines,  or  Any  Admixture  Thereof, 
rn  the  City  of  Oakland,"  approved  June  17.  1889.  and  all  ordinances 
and  parts  of  ordinances  in  conflict  herewith  are  hereby  repealed. 


OF  THE  CITY  OF  OAKLAND,  CAL.  131 

Section  16.     This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  September  4,  1889.     Vol.  3,  p.  27i) 


ORDINANCE   No.  1369. 


AN    ORDINANCE   CONCERNING   THE    NUMBERING   AND 
LIGHTING  OF  VEHICLES  AND  BOATS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  vehicle  or  boat,  which  by  the  provisions  of  any 
ordinance  of  the  City  of  Oakland  is  required  to  be  licensed,  shall  have 
a  number. 

Such  number  shall  be  designated  by  the  Tax  Collector  and  fur- 
nished to  him  by  the  Auditor,  and  shall  be  permanent  without  regard 
to  the  ownership  of  the  vehicle  or  boat. 

No  two  vehicles  of  the  same  class  shall  have  the  same  number. 

The  Tax  Collector,  upon  designating  the  number  of  a  vehicle  or 
boat,  shall  furnish  the  owner  thereof  with  two  metal  plates  with  such 
numbers  printed  or  embossed  thereon  in  plain  Arabic  figures,  not 
less  than  one  inch  and  a  half  in  height  and  of  proportionate  width. 

Any  number  of  a  vehicle  or  boat  for  which  a  license  remains 
impaid  on  the  books  of  the  office  of  the  Tax  Collector  for  the  space 
of  twelve  months  may  be  deemed  void  by  the  Tax  Collector  and  a  new 
number  designated,  for  which  one  dollar  shall  be  paid  in  addition  lo 
the  license. 

Section  2.  It  shall  be  unlawful  for  any  driver  of  any  hackney 
carriage  to  use,  or  attempt  to  use  or  drive  said  hackney  carriage 
on  any  public  street  of  the  City  of  Oakland  at  night  without 
first  providing  said  carriage  with  lamps,  and  said  lamps  must  be  kept 
lighted  at  all  times  when  said  carriage  is  in  use. 

Section  3.  The  number  designated  for  any  vehicle  or  boat  shall 
be  placed  thereon  in  two  places,  either  by  tacking  thereupon  the  metal 
plates  furnished  by  the  Tax  Collector,  or  by  painting  such  number 
upon  the  vehicle  or  boat  in  plain  Arabic  figures,  not  less  than  one  inch 
and  a  half  in  height  and  of  proportionate  width,  and  of  such  a  color 
as  to  be  readily  seen  and  distinguished. 

The  numbers  of  vehicles  shall  be  placed  as  follows:  On  each  end 
of  the  driver's  seat  of  each  omnibus,  of  each  truck,  of  each  wagon 
with  a  body. 


132  GENERAL  MUNICIPAL  ORDINANCES 

On  both  sides  of  each  dray,  on  the  side  rail  forward  of  the  wheel 
or  on  the  shaft,  between  one  and  four  inches  forward  of  the  platform. 

On  both  sides  of  each  wagon  without  a  body,  on  each  end  of  the 
rear  side  of  the  bolster  of  the  hind  axle,  as  near  the  wheels  as  prac- 
ticable. 

On  both  sides  of  each  cai't,  near  the  forward  end  and  not  on  the 
side  board. 

Every  vehicle  which,  by  this  ordinance,  is  required  to  carry 
lamps,  shall  have  its  number  in  plain  figures,  at  least  two  inches  in 
length,  painted  with  black  paint  upon  each  of  said  lamps,  in  such  a 
manner  that  the  same  can  be  distmctly  seen  and  known  when  such 
vehicle  may  be  standing  or  in  motion. 

The  number  of  each  boat  shall  be  placed  on  both  sides  thereof, 
within  two  feet  of  the  bow,  on  the  outside  immediately  below  the  gun- 
wale. Provided,  when  numbers  are  pamted  on  vehicles  and  boats  a» 
provided  in  this  section,  that  both  the  metallic  numbers  furnished  by 
the  Tax  Collector  must  be  fastened  and  secured  to  some  part  of  the 
vehicle  or  boat,  and  must  be  shown  to  any  person  or  persons  on  de- 
mand. 

(See  also  Ordinance  No.  935,  Sec.  8,  post.) 

Section  4.  No  person  shall  use  or  drive,  or  permit  to  be  used  or 
driven,  any  vehicle  or  boat  belonging  to  him  or  under  his  control, 
which,  by  any  of  the  provisions  of  this  ordinance,  is  required  to  be 
numbered,  without  having  the  appropriate  number  thereof,  and  no 
other,  placed  thereupon  in  the  manner  and  place  provided  in  Section  3 
of  this  ordinance,  nor  with  such  number  inverted,  covered,  mutilated, 
obliterated  or  obscurely  painted  or  illegible. 

Section  5.  Any  person  driving  or  having  control  of  any  vehicle 
on  which  a  number  is  required  to  be  placed,  shall  give  the  number  of 
his  vehicle  or  boat  on  demand  of  any  person. 

Section  6.  Every  driver  of  a  hackney  carriage  shall  at  all  times 
keep  conspicuously  posted  within  the  carriage  of  which  he  may  have 
charge,  in  such  position  as  to  be  easily  read,  the  number  of  such 
carriage. 

Section  7.  At  the  time  of  designating  and  furnishing  the  numbc- 
of  a  vehicle  or  boat,  the  Tax  Collector  shall  collect  from  the  owner 
thereof,  in  addition  to  the  license  required,  the  sum  of  one  ($1,001 
dollar  for  each  number. 

No  person  shall  use  any  other  number  on  any  vehicle  or  boat 
than  the  one  assigned  to  him  from  the  office  of  the  Tax  Collector. 

Transfer  of  any  number  shall  not  be  made  without  the  consent 
of  the  Tax  Collector,  who  shall  make  a  record  of  said  transfer  on  the 
books  in  his  office.  . 

Section  8.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than  one 


OF  THE  CITY  OF  OAKLAND,  CAL.  133 

hundred  dollars,  and  in  case  the  fine  be  not  paid,  then  the  person  so 
fined  may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland 
at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  so  imposed. 

Section  9.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  10.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  November  17,  1891.    Vol.  3,  p.  741.) 


ORDINANCE   No.   1480. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING  A 
MUNICIPAL  LICENSE  FOR  THE  BUSINESS  OF  CON- 
DUCTING WHARVES  AND  COLLECTING  WHARF- 
AGE AND  DOCKAGE  AT  ANY  WHARF  IN  THE  CITY 
OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  person,  firm  or  corporation  engaged  in  the  City 
of  Oakland  in  the  business  of  conducting  a  wharf  or  of  collecting 
wharfage  or  dockage  at  any  wharf  in  said  city,  shall  pay  as  a  license 
therefor,  at  the  office  of  the  License  Collector  at  the  City  Hall  in  said 
city,  quarterly  in  advance,  on  the  ist  day  of  January,  April,  July  and 
October  of  each  year,  the  sum  of  twenty-five  ($25)  dollars  in  lawful 
money  of  the  United  States. 

Section  2.  Any  person  who  shall  violate  any  provision  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  pay  a  fine  in  a  sum  not  to  exceed  one  hundred 
dollars,  and  in  case  said  fine  be  not  paid,  then  the  person  or  persons 
so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland, 
at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  eflfect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  December  16,  1892.    Vol.  4,  p.  3^7.) 


CHAPTER    HI. 

Ordinances  Relating  to  Public  Streets. 


ORDINANCE   No.   337. 


AN     ORDINANCE    ADOPTING     A     GENERAL     PLAN     OF 
STREETS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  That  the  plan  of  streets  herewith  presented,  prepared 
by  W.  F.  Boardman,  City  Engineer,  be  and  is  hereby  adopted  as  the 
general  plan  of  streets  for  the  City  of  Oakland. 

Section  2.  The  City  Engineer  is  hereby  directed  to  prepare  a  map 
of  the  same  upon  a  scale  of  two  hundred  feet  to  one  inch,  upon  which 
said  map  shall  be  plainly  indicated  the  name  and  width  of  each  street, 
the  number  and  size  of  each  block,  the  position  of  all  homesteads 
and  location  of  all  plazas  and  public  grounds,  together  with  the  loca- 
tion of  all  grounds  that  have  been  dedicated  for  street  or  other  public 
uses  and  position  of  all  public  buildings,  and  report  the  same  at  the 
earliest  moment  to  the  Council  for  ratification  and  adoption  as  the 
ofificial  map  of  the  City  of  Oakland. 

(Approved  November  20,  1868.     Vol.  i,  p.  342.) 

(For  prior  ordinances,  see  Vol.  i,  pp.  134  and  168.) 


ORDINANCE   No.    1890. 


AN  ORDINANCE  AMENDING  SECTION  ONE  OF  ORDIN- 
ANCE NO.  1786,  ENTITLED  "AN  ORDINANCE  CHANG- 
ING THE  NAMES  OF  CERTAIN  STREETS  AND  POR- 
TIONS OF  STREETS  IN  THE  CITY  OF  OAKLAND." 
APPROVED  FEBRUARY  gth,  1897. 


OF  THE  CITY  OF  OAKLAND,  CAL.  135 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  That  Section  i  of  Ordinance  No.  1786,  entitled  "An 
Ordinance  Changing  the  Names  of  Certain  Streets  and  Portions  of 
Streets  in  the  City  of  Oakland,"  approved  February  9,  1897,  be  amended 
to  read  as  follows:  Section  i.  The  names  of  the  following  several 
streets  and  portions  of  streets  within  the  City  of  Oakland  are  res- 
pectively changed  as  follows: 

Summit  street  between  Hawley  street  and  Walsworth  avenue, 
changed  to  Yosemite  street. 

Pearl  street  between  Bay  place  and  Ruby  street,  changed  to  Val- 
dez  street. 

Webster  street  from  Broadway  to  northerly  city  line,  changed  to 
Piedmont  avenue. 

Lake  avenue  between  Perry  street  and  Cottage  street,  changed 
to  Pleasant  Valley  avenue. 

Commerce  street  throughout,  changed  to  Fourteenth  avenue. 

Laurel  street  between  Telegraph  avenue  and  Broadway,  changed 
to  Twenty-fifth  street. 

Jones  street  between  San  Pablo  and  Telegraph  avenues,  and  Wal- 
nut street  between  Telegraph  avenue  and  Lake  Merritt,  changed  to 
Twenty-first  street. 

Knox  place  between  Grove  street  and  Telegraph  avenue,  changed 
to  Twenty-seventh  street. 

Albion  street  and  Merrimac  place  between  Webster  and  Grove 
streets,  changed  to  Twenty-eighth  street. 

Caledonia  and  Prospect  avenues  between  Grove  street  and  Wals- 
worth avenue,  changed  to  Twenty-ninth  street. 

Bernie  street  between  Telegraph  avenue  and  Franklin  street, 
changed  to  Seventeenth  street. 

Oak  street  between  Peralta  and  Excelsior  avenues,  changed  to 
East  Oak  street. 

Pine  street  between  Peralta  and  Excelsior  avenues,  changed  to 
Capell  street. 

Mound  street  between  Thirteenth  avenue  and  Clinton  street, 
changed  to  Hopkins  street. 

Excelsior  street  between  Fourth  and  Clinton  avenues,  changed  to 
Clinton  street. 

Silver  avenue  between  Fourth  and  Ninth  avenues,  changed  to  East 
Twenty-eighth  .street. 

Lincoln  street  between  Thirteenth  avenue  and  east  city  line, 
changed  to  East  Lincoln  street. 

Lake  street  between  Brooklyn  and  Prospect  avenues,  changed  to 
East  Lake  street. 


136  GENERAL  MUNICIPAL  ORDINANCES 

■  Central  avenue  between  East  Twenty-fourth  street  and  Silvei 
avenue,  changed  to  Eighth  avenue. 

Cohimbia  street  between  Fourth  and  Ninth  avenues,  changed  to 
East  Twenty-fifth  street. 

Valclez  street  between  Livingston  and  Ford  streets,  changed  to 
East  Valdez  street. 

William  street  between  Peralta  and  Bay  streets,  changed  to  Fifth 
street. 

Elm  street  between  San  Pablo  and  Oakland  avenues,  changed  to 
Twenty-fourth  street. 

Plymouth  avenue  east  of  Telegraph  avenue,  changed  to  Thirty- 
fourth  street. 

Bay  place  between  Telegraph  avenue  and  Broadway,  changed  to 
Twenty-sixth  street. 

Wallace  street  between  San  Pablo  avenue  and  Grove  street, 
changed  to  Twenty-eighth  street. 

Campbell  street  between  San  Pablo  avenue  and  Grove  street 
changed  to  Thirtieth  street. 

Nolan  street  between  San  Pablo  and  Telegraph  avenues,  changed 
to  Thirty-third  street. 

Charter  street  throughout,  changed  to  Twenty-second  street. 

Alden  street  between  San  Pablo  avenue  and  Grove  street, 
changed  to  Twenty-ninth  street. 

Delger  street  between  San  Pablo  avenue  and  Lake  Merritt, 
changed  to  Twentieth  street. 

Brown  street  between  San  Pablo  and  Telegraph  avenues,  changed 
to  Thirty-fourth  street. 

Durant  street  east  of  Telegraph  avenue,  changed  to  Nineteenth 
street. 

Walton  street  between  San  Pablo  and  Telegraph  avenues,  changed 
to  Thirty-fifth  street. 

Park  street  between  San  Pablo  avenue  and  Grove  street,  changed 
to  Twenty-seventh  street. 

Locust  street  or  Simpson  avenue  between  San  Pablo  avenue  and 
Telegraph  avenue,  to  be  known  as  Twenty-third  street. 

Logan  street  between  Market  street  and  Telegraph  avenue, 
changed  to  Thirty-sixth  street. 

Summit  street  west  of  Union  street,  East  Oakland,  changed  to 
East  Summit  street. 

Frederick  street  from  San  Pablo  to  Telegraph  avenues,  changed 
to  Nineteenth  street. 

Lee  street  between  the  junction  of  Vernon  street  and  Bay  place, 
changed  to  Vernon  street. 

Oakland  avenue  between  Orange  street  and  Adams  street, 
changed  to  Perkins  street. 


OF  THE  CITY  OF  OAKLAND,  CAL.  137 

Curve  street  between  Grove  street  and  San  Pablo  avenue^  changed 
to  Nineteenth  street. 

That  the  extension  of  Fairmount  avenue  between  Moss  avenue 
and  the  northerly  city  line  be  changed  to  Fairmount  avenue. 

That  Fairmount  avenue  between  Prospect  avenue  and  Summit 
street  produced  westerly  to  an  intersection  therewith,  be  changed  to 
Hawley  street. 

Santa  Clara  avenue  between  Vernon  street  and  the  northern  city 
line,  changed  to  Moss  avenue. 

Moss  avenue  between  Fairmount  avenue  and  Lake  avenue, 
changed  to  Santa  Clara  avenue. 

Morrison  place  between  Oakland  avenue  and  Orange  street, 
changed  to  Pearl  street. 

Grand  avenue  between  Webster  street  and  Lake  Merritt,  changed 
to  Boulevard  terrace. 

Section  2.    This  ordinance  shall  take  effect  from  its  approval. 

(Approved  March  23,  1898.    Vol.  5,  p.  254.) 


ORDINANCE   No.    1908. 


AN  ORDINANCE  ACCEPTING  THE  DEDICATIONS,  AND 
OFFERS  OF  DEDICATION,  HERETOFORE  MADE  OF 
LAND  FOR  PUBLIC  STREET  PURPOSES,  NOW  WITH- 
IN THE  CITY  OF  OAKLAND;  DECLARING  THE  NE- 
CESSITY OF  THE  SAME  FOR  THE  PUBLIC  TRAVEL 
AND  USE,  AND  DIRECTING  THE  REMOVAL  OF  ALL 
OBSTRUCTIONS  THEREFROM. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  All  dedications,  and  all  offers  of  dedication,  hereto- 
fore made  of  land  for  public  street  purposes,  now  within  the  city  of 
Oakland,  are  hereby  accepted,  and  the  lands  to  which  reference  is 
made  in  such  dedications,  and  in  such  offers  of  dedication,  are  hereby 
declared  to  be  public  streets,  and  necessary  for  the  public  travel  and 
use. 

The  Board  of  Public  Works  is  hereby  authorized  and  directed  to 
cause  the  removal  of  all  obstructions  from  the  lands  to  which  the 
foregoing  acceptance  refers. 

Section  2.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

(Approved  June  2,  1898.     Vol.  5,  p.  278.) 


138 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE   No.   367. 


AN  ORDINANCE  ESTABLISHING  STREET  LINES  WITHIN 

THE  CITY  OF  OAKLAND. 
The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  The  lines  of  streets  within  the  City  of  Oakland,  and 
situated  easterly  of  Market  street  and  southerly  of  and  including 
Fourteenth  street,  are  hereby  established  in  accordance  with  the  fol- 
lowing table.  The  first  column  gives  the  names  of  the  streets;  the 
second  and  third  the  distance  in  feet  and  inches  to  be  measured  east 
or  west,  north  or  south,  as  the  case  may  be,  from  the  line  of  monu- 
ments to  the  line  of  the  street;  and  the  fourth  column  gives  width  in 
feet  and  inches  of  the  street  as  hereby  established: 


Names  of  Streets 


West 

Brush 

Castro 

Grove 

JefiFerson 

Clay 

Washington. 
Broadway. . . 
Franklin  . . . 

Webster 

Harrison. . . . 

Alice 

Jackson  .... 

Julia 

Oak 

Fallon 


Meas- 
ured 
West. 
Ft.   In. 


40 
43 

42  6 
42 
41  6 

41 
40  6 

55 
40 

39  6 
39 

384 
37  4 
366 

36  4 
36  2 


Meas- 
ured 
East. 

Width. 

Ft.    In. 

37 

77 

376 

80  6 

38 

80  6 

38  6 

80  6 

39 

80  6 

39  6 

806 

40 

80  6 

55 

no 

40  6 

80  6 

40  I 

80  6 

41  8 

80  8 

42  8 

81 

43  6 

80  10 

43  8 

80  2 

43  10 

80  2 

43  10 

80 

Names  of 
Streets. 


South  Front. 

Water 

First 

Second 

Third 

Fourth 

Fifth'. 

Sixth 

Seventh 

Eighth 

Ninth  

Tenth 

Eleventh 

Twelfth 

Thirteenth... 
Fourteenth. . 


Meas- 
ured 
South. 
Ft.    In. 


40 

41 

40  6 
40 
40 
40 
40 
39  3 
39 
42 

41  3 
41 
41 
41 


Meas- 
ured 
North. 
Ft.    In. 


39 

39  6 
40 
40 
40 
40 

40  9 
41 
38 
38  9 
39 
39 
39 
39 


Width. 


150 
80 

79 

80  6 
80  6 
80 
80 
80 

80  9 
80  3 

77 

80  9 
80  3 
80 
80 
So 


OF  THE  CITY  OF  OAKLAND,  CAL.  139 

Section  2.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  February  7,  1870.    Vol.  i,  p.  394.) 


ORDINANCE   No.   403. 


AN    ORDINANCE    PROHIBITING    CERTAIN    ENCROACH 
MENTS  ON  STREETS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  l.  No  person  shall  maintain  or  construct  or  place,  or 
cause  to  be  constructed,  or  placed  on  premises  belonging  to  him,  or 
in  his  possession,  or  under  his  control,  any  building  or  fence  which 
shall  extend  over  the  line  of  the  street;  provided,  that  windows  of  the 
first  story,  porches,  columns,  posts  and  doorsteps  may  extend  over 
the  line  of  the  street  not  more  than  one  foot,  and  the  bay  windows  of 
the  second  story  may  extend  over  the  line  of  the  street  not  more  than 
three  feet. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed.  (Amendment  approvert 
October  i,  1891.    Vol.  3,  p.  722.) 

(Approved  November  18,  1870.    Vol.  i.  p.  449.) 

(See  also  Ordmance  No.  450,  Sec.  20,  post.) 


ORDINANCE   No.   450. 


AN  ORDINANCE    TO    REGULATE    STREETS,  SIDEWALKS 
AND  PUBLIC  GROUNDS  IN  THE  CITY  OF  OAKLAND. 


140  GENERAL  MUNICIPAI,  ORDINANCES 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  No  person  shall  throw  or  deposit,  or  permit  to  he 
thrown  or  deposited,  any  dirt,  paper,  filth,  sweepings  of  any  store, 
house,  shop,  or  office,  or  any  ashes,  shavings,  filthy  water,  otfal,  straw. 
wood  stones,  earth,  manure,  refuse  matter,  or  rubbish  of  any  kind 
whatever,  into  any  street,  lane,  alley  or  public  ground  or  places  used 
as  street,  lane,  alley  or  public  ground.  The  person  or  persons  hav- 
ing control  of  premises  from  which  any  of  the  aforesaid  articles  shall 
be  or  may  have  been  thrown  or  deposited  in  any  street,  lane,  alley  or 
public  ground,  or  places  used  as  such  aforesaid,  shall  remove  the 
same  therefrom  within  four  hours  after  receiving  knowledge  thereof. 

Section  2.  (Repealed  by  Ordinance  No.  1220.  Approved  Oc- 
tober 30,  1890.    Vol.  3,  p.  532.) 

(Sections  3,  4  and  5.  Repealed  by  Ordinance  No.  1375.  Approved 
November  23,  1891.     Vol.  3,  p.  762.) 

Section  6.  No  person  shall  suffer  any  carriage,  wagon  or  cart 
without  horses  or  other  beasts  of  burden  attached  to  remain  or  stand 
in  any  street,  lane,  alley  or  public  ground  for  more  than  one  hour. 

Section  7.  (Repealed  by  Ordinance  No.  1375.  Approved  No- 
vember 23,  1891.     Vol.  3,  p.  762.) 

Section  8.  (Repealed  by  Ordinance  No.  1051.  Approved  Sep- 
tember 8,  1888.    Vol.  3.  p.  301.) 

Section  9.  No  person  shall  drive  any  horse  or  carriage  or  vehicle 
of  any  kind  through  any  civic,  military  or  funeral  procession. 

Section  10.  When  any  street  or  public  place  is  crowded  with 
teams,  wagons,  street  cars  or  other  vehicles  through  which  any  civic. 
military  or  funeral  procession  is  passing  every  person  having  charge 
of  any  horse,  team,  wagon,  street  car  or  other  vehicle  shall  obey  all 
orders  for  the  removal  of  the  same  which  may  be  given  by  the  Chief 
of  Police  or  any  policeman.  (Amendment  approved  November  23, 
1891.    Vol.  3,  p.  762.) 

Section  ti.  (Repealed  by  Ordinance  No.  1051.  Approved  Sep- 
tember 8,  1888.     Vol.  3,  p.  301.) 

Section  12.  No  person  shall  clean,  scale  or  wash  any  fish,  meat, 
clothes,  carriage,  buggy  or  any  other  thing  tending  to  create  a  nuis- 
ance on  any  of  the  streets,  lanes,  alleys  or  public  grounds  of  said  city. 

Section  13.  Whenever  any  person  or  persons,  whether  con- 
tractor or  proprietor,  shall  be  engaged  in  the  erection  or  repairing  of 
any  building,  or  other  structure  whatever,  within  said  city,  and  shall 
cause  or  permit  any  building  material,  rubbish,  or  other  thing  to  be 
placed  on  any  public  street,  lane,  alley  or  sidewalk,  or  other  place  in 
said  city,  where  persons  pass  or  repass;  and  whenever  any  person  or 
persons,  who  shall  be  engaged  in  constructing  any  sewer  or  laying 
any  gas.  water  or  other  pipe,  or  conducting  in  or  through  any  of  the 
streets,  lanes,  alleys,  highways,  sidewalks  or  other  places  in  said  city, 


OF  THE  CITY  OF  OAKLAND,  CAL.  141 

where  persons  pass  and  repass,  whether  by  appointment  of  the  city  or 
its  agents,  or  as  contractor,  it  shall  be  the  duty  of  all  such  persons  to 
protect  with  a  sufficient  number  of  lights  the  materials,  rubbish,  goods 
wares  and  merchandise,  heaps,  piles,  excavations  or  other  thing  so 
caused  or  permitted  by  them  to  be  or  remain  in  or  at  any  of  the  places 
above  mentioned  and  in  such  manner  as  to  enable  the  same  to  be  dis- 
tinctly seen  by  all  passers  by,  and  to  continue  such  lights  from  dusk 
until  daylight  during  every  night  which  any  obstructions  of  the  above 
mentioned  description  are  allowed  to  remain  in  or  at  such  places;  and 
every  person  who  shall  neglect  the  duty  imposed  by  this  section  shall, 
in  addition  to  the  penalty  imposed  by  this  ordinance,  be  liable  for  all 
damages  to  persons  and  property  growing  out  of  such  neglect. 

Section  14.  No  person  driving,  or  having  charge  of  a  cab,  cart, 
coach,  dray,  wagon,  street  car,  or  other  vehicle,  or  riding  or  leading 
a  horse  or  other  animal,  shall  stop  or  stand  on  any  crosswafk  so  as  to 
obstruct  the  passage  of  the  same. 

Section  15.  No  person  shall  fly  a  kite,  or  play  any  game  of  ball 
on  any  street,  lane  or  alley  of  said  city. 

Section  16.  No  person  shall  pile,  deposit  or  place,  or  cause  or 
permit  to  be  deposited,  piled  or  placed,  any  rubbish,  wood,  coal,  mer- 
chandise, dirt,  or  any  impediment  or  obstruction  of  any  kind  upon 
or  over  any  sidewalk,  nor  so  occupy  or  obstruct  any  sidewalk  as  to 
interefere  with  the  convenient  use  of  the  same  by  all  passengers. 

Section  17.  (Repealed  by  Ordinance  No.  1047,  approved  July  10, 
1888.     Vol.  3,  p.  292.) 

Section  18.  (Repealed  by  Ordinance  No.  1375,  approved  Novem- 
ber 23,  1891.    Vol.  3,  p.  762.) 

Section  19.  No  person  shall  push,  draw,  back  or  drive  any  horse, 
cart,  wagon  or  other  vehicle  over,  upon  or  along  any  sidewalk,  unless 
it  be  to  go  into  or  out  of  a  yard  or  lot. 

Section  20.  No  person  shall  build  or  suffer  to  remain  any  bow 
or  other  window  projecting  into  the  sidewalk  more  than  fifteen  inches; 
nor  any  porch,  stoop,  steps,  area  or  platform  projecting  into  the  side- 
walk more  than  four  feet,  or  any  cellar  door  projecting  more  than  five 
feet  into  any  sidewalk;  and  no  person  shall  erect  any  balcony,  bow  or 
other  window,  nor  any  porch,  stoop,  steps,  area,  platform  or  cellar 
door  projecting  into  the  sidewalk,  except  by  permission  of  the  City 
Council;  nor  shall  such  permission  be  so  construed  as  to  give  such 
person  any  ownership  in  the  sidewalk  so  occupied. 

Section  21.  Every  person  shall  keep  around  every  area  between 
the  building  and  sidewalk,  ai;d  on  both  sides  of  every  flight  of  stairs 
descending  from  the  sidewalk  to  the  basement  owned  or  occupied  by 
him  a  fence  or  railing  at  least  three  feet  high. 

Section  22.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding  one  hundred 


142  GENERAL  MUNICIPAL  ORDINANCES 

dollars,  and,  in  case  the  fine  be  not  paid,  the  person  so  fined  shall  be 
imprisoned  in  the  City  Prison  untd  said  fine  is  satisfied  at  the  rate  oi 
one  day's  imprisonment  for  every  two  dollars  of  the  fine  imposed. 
(Amendment  approved  June  17,  1878.     Vol    2,  p.  646.) 

Section  23.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  24.  This  ordmance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  March  15,  1872.    Vol.  2,  p.  4.) 


ORDINANCE   No.   655. 


AN  ORDINANCE  TO  PREVENT  THE  OBSTRUCTION  OF 
STREETS  AND  SIDEWALKS  IN  THE  CITY  OF  OAK- 
LAND. 

TAe  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  Whenever  the  free  passage  of  any  street  or  sidewalk 
shall  be  obstructed  by  a  crowd  (except  on  occasion  of  public  meet- 
ings) the  persons  composing  such  crowd  shall  disperse  or  move  on 
when  directed  so  to  do  by  a  Police  Officer.  Any  persons  who  '-e.fuse 
to  disperse  or  m.ove  on  when  directed  so  to  do  by  a  Police  Officer,  .shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  not  exceeding  one  hundred  dollars,  and  in  case  the  fine 
be  not  paid,  the  person  fined  shall  be  imprisoned  in  the  City  Prison 
at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  imposed. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  passage. 

(Approved  January  6,  1876.    Vol.  2,  p.  444.) 


ORDINANCE  No.  715. 


AN   ORDINANCE  TO   PREVENT   THE   OBSTRUCTION    OF 
SIDEWALKS  IN  THE  CITY  OF  OAKLAND. 


OF  THE  CITY  OF  OAKLAND,  CAL.  143 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows : 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  placo 
or  set  out  for  exhibition  or  maintain  or  allow  any  goods,  wares  or 
merchandise  on  the  sidewalk  in  front  of  his  place  of  business,  between 
the  outer  edge  of  the  sidewalk  and  a  line  eighteen  (18)  inches  from 
and  in  front  of  the  building  in  which  said  business  is  carried  on.  And 
no  goods,  wares  or  merchandise  shall  be  placed  or  allowed  to  remain 
on  the  sidewalk  between  the  gutter  or  outer  edge  of  the  sidewalk  and 
a  line  eighteen  inches  from  the  front  of  the  store  or  building  in  from 
of  which  said  goods  are  placed;  provided,  however,  that  any  person, 
while  receiving  or  delivering  goods,  wares  or  merchandise  may  permit 
the  same  to  remain  on  the  sidewalk  for  the  period  of  one  hour,  be- 
tween the  gutter  and  a  line  drawn  parallel  therewith,  four  feet  from 
the  gutter  in  from  of  his  store  or  building;  and  further  provided,  that 
nothing  in  this  ordinance  contained  shall  apply  to  the  temporary  exhi- 
bition of  merchandise,  placed  and  removed  each  day,  upon  any  street 
other  than  Broadway,  in  front  of  any  licensed  place  of  business  where 
the  sidewalk  is  kept  continuously  clean  and  free  from  all  obstructions 
for  a  space  in  the  center,  at  least  eight  feet  wide,  and  running  the  entire 
length  of  such  sidewalk.  (Amendment  passed  over  Mayor's  veto. 
Aug.  16,  1886.     Vol.  3,  p.  210.) 

Section  2.  It  is  hereby  declared  unlawful  for  any  person  to  place 
or  set  out  for  exhibition  any  goods,  wares  or  merchandise  on  ths 
sidewalk  in  front  of  a  bay  window  which  extends  or  projects  eighteen 
inches  from  the  front  of  the  building  over  or  upon  the  sidewalk;  and 
no  goods,  wares  or  merchandise  shall  be  placed  or  allowed  to  remain 
on  the  sidewalk  in  front  of  a  bay  window  \3,'hich  extends  over  or  into 
the  sidewalk  eighteen  inches  from  the  building  in  which  said  bay 
window  is  constructed. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  exceeding  the  sum  of  one  hundred 
($100)  dollars,  and  in  case  the  fine  be  not  paid,  the  person  so  fined 
shall  be  imprisoned  in  the  City  Prison  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  imposed. 

Section  4.  All  ordinances  or  parts  of  ordinances  so  far  as  they 
conflict  with  this  ordinance  are  hereby  repealed. 

Section  5.  This,  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  March  10,  i8>7.    Vol.  2.  p.  529.) 


144  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE   No.   730. 


AN  ORDINANCE  TO  PREVENT  THE  DRIVING  OF  CATTLE 
THROUGH  THE  STREETS.  AND  TO  PREVENT  GOATS 
FROM  RUNNING  AT  LARGE  IN  ANY  STREET  OR  UN- 
INCLOSED  LOT  WITHIN  THE  LIMITS  OF  THE  CITY 
OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  allow 
any  goat  to  run  at  large  in  any  street  or  upon  any  uninclosed  lot 
within  the  limits  of  the  City  of  Oakland;  and  any  goat  staked  or  tied 
by  any  person  upon  any  uninclosed  lot  within  said  limits  shall  be  tied 
or  staked  and  securely  fastened  with  a  chain. 

Section  2.  It  is  hereby  declared  unlawful  for  any  person,  firm 
or  corporation  to  drive  or  cause  to  be  driven  any  cattle  through  any 
street  of  the  City  of  Oakland,  at  any  time,  without  the  written  consent 
of  the  Mayor.  The  !Mayor,  upon  application,  shall  grant  in  writing  a 
permit,  stating  name  of  the  applicant,  time  of  day  and  name  of  street 
or  streets  over  which  applicant  may  drive  or  cause  to  be  driven  any 
cattle. 

(Amendment  approved  December  11,  1897.     Vol.  5,  p.  215.) 

Section  .^.  This  ordinance  is  not  intended  to  change  the  pro- 
visions of  an  ordinance  entitled  "An  Ordinance  to  Create  the  Office  of 
Poundmastcr,  to  Define  His  Duties,  and  to  Prevent  Certain  Animals 
from  Running  at  Large  within  the  City  of  Oakland,"  approved  No- 
vember 23,  1874. 

Section  4.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  exceeding  one  hundred  dollars^ 
and  in  case  the  fine  be  not  paid,  the  persori  so  fined  shall  be  impris- 
oned in  the  City  Prison  until  the  fine  is  satisfied  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  imposed. 

Section  5.     This  ordinance  shall  take  effect  immediately. 

(Approved  June  11,  1877.    Vol.  2,  p.  551.)  < 


ORDINANCE   No.   935. 


AN  ORDINANCE  REGULATING  THE  USE  AND  STANDING 
OF  VEHICLES  ON  THE  PUBLIC  STREETS  IN  THE 
CITY  OF  OAKLAND. 


OF  THE  ClfY  OF  OAKLAND,  CAL.  145 


The  Council  of  the  City  of  Oakland  do  ordain  as  follows; 

Section  i.  Every  vehicle  drawn  by  horse  power  and  attended  by 
the  owner  thereof,  or  by  a  driver  furnished  by  such  owner,  which 
said  vehicle  shall  be  used  in  this  city  for  the  conveyance  of  persons 
by  land,  from  place  to  place,  shall  be  deemed  a  hackney  carriage  within 
the  meaning  of  this  ordinance. 

Section  2.  Whenever  several  hackney  carriages  attend  at  any 
place  for  or  with  passengers,  the  Captain  of  Police,  or  anv  r>er=on  or 
persons  by  him  authorized,  may  give  directions  respecting  the  stand- 
ing of  such  carriages,  while  waiting  for,  taking  up  or  putting  down 
their  passengers,  and  the  route  they  shall  go  when  leaving  any  place 
of  entertainment,  and  if  the  owner,  driver  or  other  person  having  the 
care  of  such  cairiage,  shall  refuse  to  obey  any  such  order  or  direction 
of  the  Captain  of  Police,  or  any  person  or  persons  by  him  authorized, 
such  refusal  shall  be  deemed  a  violation  of  these  provisions  of  this 
section. 

Section  3.  Hackney  carriages  may  stand  while  waiting  for  em- 
ployment, at  all  times,  at  the  stands  designated  in  Section  4  of  thib 
ordinance,  and  at  such  other  place  or  places  as  the  Mayor  may  from 
time  to  time  designate;  provided,  however,  that  such  carriages  shall 
not  stand  at  any  place  or  places  other  than  those  specified  in  Section 
4  hereof,  if  objected  to  by  the  owner  or  occupant  of  the  building  o> 
property  in  front  of  which  they  may  desire  to  stand. 

Section  4.  The  following  shall  be  the  stands  for  hackney  car- 
riages, to-wit: 

Around  any  of  the  public  squares. 

Around  the  City  Hall  block. 

At  the  railroad  station  at  the  corner  of  Market  and  First  streets. 

Section  5.  No  person  having  charge  of  a  hackney  carriage  shall 
allow  the  same  to  stand  within  ten  (10)  feet  of  any  street  crossing, 
nor  at  a  greater  distance  than  two  feet  from  the  outer  edge  of  any 
sidewalk. 

Section  6.  It  is  hereby  declared  unlawful  for  any  person  hav- 
ing charge  or  control  of  a  hackney  carriage,  to  stand  the  same,  while 
waiting  for  business,  upon  any  portion  of  Seventh  street,  between  the 
westerly  line  of  Washington  street  and  the  westerly  line  of  Broadway 
street  in  the  City  of  Oakland,  or  to  solicit  business  for  such  harWney 
carriage  while  the  same  is  on  said  Seventh  street  between  said  points. 

Section  7.  It  is  hereby  declared  unlawful  for  any  hackney  car- 
riage or  job  wagon  to  be  driven  along  Seventh  street,  between  the 
westerly  line  of  Washington  street  and  the  westerly  line  of  Broadwa/. 
in  the  City  of  Oakland,  when  the  steam  cars  are  approaching  the  rail- 
road depot,  between  said  Washington  and  Broadway  streets,  and  are 


146  GENERAL  MUNICIPAL  ORDINANCES 

within  one  block  of  said  depot,  or  while  the  train  is  stopping  at  said 
depot  for  passengers  to  get  on  or  oflf  the  cars. 

Section  8.  Every  hackney  carriage  or  other  vehicle  drawn  by  a 
horse  or  horses,  and  used  or  to  be  used  for  the  transportation  of  pas- 
sengers, shall  have  on  each  side  of  the  driver's  seat  a  lamp  with  a 
glass  front  and  side,  which  lamp  shall  be  properly  lighted  at  all  times 
when  such  vehicle  is  in  use  after  dark.  At  all  times  when  such  vehicle 
is  in  use  it  shall  have  plainly  paiiited  on  the  outside  glass  of  each 
of  its  lamps,  in  figures  not  less  than  i^  inches  in  height,  its  respective 
number,  as  furnished  by  the  Tax  Collector.  (Amendment  approved 
November  23,  i8qi.  Vol.  3,  p.  763.)  (SeCj^also  Ordinance  No.  1369, 
Sec.  3,  ante.) 

Section  9.  Any  driver  of  a  hackney  carriage  who  shall  be  thrice 
convicted  of  a  breach  of  any  of  the  provisions  of  this  ordinance  shall 
be  deprived  of  his  license  and  may  be  debarred  from  obtaining 
another. 

Section  10.  Every  vehicle  which  shall  be  used  for  the  conveyance 
of  goods,  packages  or  freight  from  place  to  place  in  this  city  for  hire. 
except  hand-carts,  and  except  also  the  vehicles  used  by  merchants, 
dealers  and  manufacturers  exclusively  for  the  delivery  of  their  wares 
to  customers,  shall  be  deemed  a  job  wagon  within  the  meaning  of  this 
ordinance. 

Section  11.  No  person  having  the  charge  or  control  of  a  job 
wagon  shall  be  allowed  under  any  circumstances  to  occupy  as  a  stancf 
for  the  same  any  portion  of  Seventh  street  between  the  westerly  line 
of  Washington  street  and  the  westerly  line  of  Broadway  street  in  the 
City  of  Oakland,  and  such  person  shall  not  be  allowed  to  occupy  as 
a  stand  for  such  job  wagon  any  portion  of  any  street  in  front  of  any 
building  in  the  City  of  Oakland  when  the  owner  or  occupant  of  such 
building  shall  object  thereto. 

Section  12.  It  shall  be  unlawful  for  the  owner  or  driver,  or  any 
person  having  control  of  any  omnibus  or  railroad  car,  or  of  any  hack. 
cart  or  of  any  vehicle  whatsoever,  or  of  any  horse  or  animal  what- 
soever, to  allow,  permit  or  suffer  the  said  omnibus  or  said  car,  hack  or 
vehicle,  or  said  horse  or  animal,  to  be  or  remain  in  such  a  manner  as 
to  obstruct  the  crossing  of  any  public  street  from  one  sidewalk  to 
another  in  the  City  of  Oakland  for  any  period  of  time  whatever. 

Section  13.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  .shall  be  fined  not  exceeding  one  hundred  dollars,  and 
in  case  the  fine  be  not  paid,  then  the  person  or  persons  so  fined  may 
be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
imposed. 

Section  14.  An  ordinance  entitled  "An  Ordinance  Regulating  the 
Use  of  Vehicles  on  the  Public  Streets."  which  said  ordinance  was 
approved  October  7,  1872,  and  an  ordinance  entitled  "An  Ordinance 


OF  THE  CITY  OF  OAKLAND,  CAL.  147 

Supplemental  to  an  Ordinance  entitled  'An  Ordinance  Regulating  the 
Use  of  Vehicles  on  the  Public  Streets,'  approved  October  7,  1872, 
approved  Tune  g,  1875,"  and  all  ordinances  and  parts  of  ordinances  in 
conflict  with  this  ordinance  are  hereby  repealed. 

Section  15.     This  ordinance  shall  take  effect  immediately. 

(Approved  September  22,  i88j.    Vol.  3,  p.  122.) 


ORDINANCE   No.   952. 


AN  ORDINANCE  PROHIBITING  THE  STANDING  OF 
VEHICLES  ON  THE  PUBLIC  STREETS  OR  SIDE- 
SIDEWALKS  OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  No  person  having  the  charge  or  control  of  a  cart, 
wagon  or  any  vehicle  used  for  the  vending  of  goods,  wares,  mer- 
chandise^ meats,  fruits  or  vegetables  therefrom,  commonly  known  as 
peddlers'  carts  or  wagons,  shall  occupy  or  be  allowed  to  occupy  as  a 
stand  for  such  cart,  wagon,  or  vehicle  any  portion  of  any  street,  lane, 
alley  or  sidewalk  in  the  City  of  Oakland. 

Section  2.  (Repealed  by  Ordinance  No.  1339.  Approved  Sep- 
tember 30,  1891.    Vol.  3,  p.  708.) 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  exceeding  the  sum  of  fifty  dollars, 
and  in  case  the  fine  be  not  paid,  then  the  person  or  persons  so  fined 
may  be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  imposed. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed.  This  ordinance  shall  take  effect  im- 
mediately upon  its  approval  by  the  Mayor. 

(Approved  August  6,  18S4.    Vol.  3,  p.  147) 


ORDINANCE   No.   968. 


AN  ORDINANCE  REGULATING  AND  ENFORCING  THE 
REPAIRING  OF  STREETS,  LANES,  ALLEYS,  COURTS. 
PLACES  AND  SIDEWALKS  IN  THE  CITY  OF  OAK- 
LAND. 


148  GENERAI,  MUNICIPAL  ORDINANCES 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  I.  Whenever  any  portion  of  any  street,  lane,  alley,  court 
or  place  in  the  City  of  Oakland,  improved,  or  any  sidewalk  con- 
structed thereon,  according  to  law,  shall  be  out  of  repair  and  in  con- 
dition to  endanger  persons  or  property  passing  thereon,  or  in  con- 
dition to  interfere  with  the  public  convenience  in  the  use  thereof,  it 
shall  be  the  duty  of  the  Superintendent  of  Streets  of  said  city  to 
require,  by  notice  in  writing,  to  be  delivered  to  them  personally,  or 
left  on  the  premises,  the  owners  or  occupants  of  lots  or  portions  ot 
lots,  fronting  on  said  portion  of  said  street,  lane,  alley,  court  or  place, 
or  of  said  portion  of  said  walk  so  out  of  repair  as  aforesaid,  to 
repair  forthwith  said  portion  of  said  street,  lane,  alley,  court  or  place 
to  the  center  thereof,  or  said  sidewalk  in  front  of  the  property  of  which 
he  is  the  owner,  or  tenant,  or  occupant,  specifying  in  said  notice  what 
repairs  are  required  to  be  made. 

Section  2.     It  shall  be  unlawful  for  said  owner,  or  tenant,  or  occti- 
jant  of  said  lots,  or  portion  of  said  lots,  to  neglect  or  refuse,  for  the 
period  of  three  days  from  the  date  of  the  service  of  the  aforesaid  notice, 
to  make  said  repairs,  and  diligently  and  without  interruption  to  prose 
cute  the  same  to  completion. 

Section  3.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  pay  a  fine  not  exceeding  one  hundred  dollars;  and  in  case 
the  fine  be  not  paid,  such  person  or  persons  may  be  imprisoned  at 
the  rate  of  one  day  for  every  two  dollars  of  the  fine  imposed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  after  its  approval. 

(Approved  July  10,  1885.    Vol.  3,  p.  168.) 


ORDINANCE   No.   1024. 


AN  ORDINANCE  PROVIDING  FOR  THE  REPAIRS  OF 
SIDEWALKS  BY  THE  SUPERINTENDENT  OF 
STREES. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  Upon  refusal  or  neglect  of  any  property-owner  to 
repair  sidewalks  in  front  of  his  or  her  property  in  the  City  of  Oak- 
land, after  due  notice  given  by  the  Superintendent  of  Streets,  as  pro  • 


OF  THE  CITY  OF  OAKLAND,  CAL.  149 

vided  in  an  act  of  the  Legislature  of  the  State  of  California,  entitled 
"An  Act  to  Provide  for  the  Improvement  of  Streets.  Lanes,  Alleys, 
Courts,  Places  and  Sidewalks,  and  the  Construction  of  Sewers  Within 
Municipalities,"  approved  March  18,  1885,  then  the  Superintendent  of 
Streets  is  hereby  authorized  and  empowered  and  directed,  as  a  penalty 
for  such  neglecting  and  refusing  to  repair  such  sidewalk  or  sidewalks, 
to  contract  for  the  construction  of  artificial  stone  pavement  sidewalks 
in  front  of  the  property  of  such  persons  so  refusing  as  above  set 
forth,  of  not  less  than  six  feet  in  width,  and  at  the  expense  of  such 
owner  or  owners  of  said  property;  and  upon  completion  of  such  work 
of  repairs  the  Superintendent  of  Streets  shall  make  and  deliver  to  the 
contractor  of  the  work  a  certificate,  as  provided  in  Section  17  of  the 
Act  of  the  Legislature  above  referred  to,  and  the  cost  of  the  prose- 
cution of  such  property-owners  for  the  collection  of  the  cost  of  such 
work  shall  be  paid  out  of  the  Street  Fund  of  the  City  of  Oakland. 

Section  2.     This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  November  10,  1887.  Vol.  3,  p.  262.) 
[Note — In  the  case  of  L.  F.  Shepard  vs.  Mary  Kelley,  No.  8860, 
the  Superior  Court  of  the  County  of  Alameda  decided,  on  demurrer 
to  the  complaint,  that  under  the  provisions  of  this  ordinance  and  the 
statute  therein  referred  to,  as  amended  (see  Stats.  1889,  p.  169),  the 
Superintendent  cannot  cause  a  wooden  sidewalk,  although  out  of 
repair,  to  be  replaced  by  one  of  a  different  and  more  expensive 
material,  such  as  artificial  stone,  at  the  expense  of  the  owner.] 


ORDINANCE   No.   1084. 


AN   ORDINANCE  TO   REGUL.ATE  THE  USE   OF   PUBLIC 
STREETS  BY  CERTAIN  ANIMALS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  herd,  drive,  tie,, stake  out  or  otherwise 
allow,  or  cause  any  cow,  bull,  steer  or  goat  belonging  to  him  or  bein^; 
under  his  care  or  control  to  be  in,  or  upon,  any  of  the  public  streets 
of  the  City  of  Oakland,  except  for  the  purpose  of  conductmg  such 
animals  from  place  to  place  in  good  faith  and  with  reasonable  speed. 

Section  2.  Any  person  violating  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  $100:  or  in  case  such  fine  be  not  paid. 


ISO  GENERAL  MUNICIPAL  ORDINANCES 

then  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  day  for 
each  dollar  of  said  fine  remaining  unpaid. 

Section  3.  All  ordinances  and  resolutions,  and  parts  of  ordin- 
ances and  resolutions,  in  conflict  herewith  are  hereby  repealed  and 
rescinded. 

Section  4.  This  ordinance  shall  have  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  July  9,  1889.     Vol.  3,  p.  352.) 


ORDINANCE  No.   1114. 


AN  ORDINANCE  PROVIDING  SPECIFICATIONS  FOR  THE 
CONSTRUCTION  OF  SIDEWALKS  OF  BITUMINOUS 
ROCK. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  regulations  governing  the  width  and  grading  of 
cement  sidewalks  shall  prevail  in  the  construction  of  sidewalks  made 
with  bituminous  rock. 

Section  2.  All  sidewalks  constructed  of  bituminous  rock  shall 
have  a  foundation  of  broken  rock  at  least  three  inches  in  thickness, 
the  same  to  be  thoroughly  rolled  or  tamped. 

Section  3.  The  top  dressing  of  the  sidewalk  shall  consist  of  a 
layer  of  bituminous  rock  equal  to  the  best  Santa  Cruz  or  San  Luis 
Obispo  bituminous  rock,  and  at  least  one  inch  in  thickness. 

Section  4.  Bidders  must  accompany  their  bids  with  samples  of 
all  materials  intended  to  be  used  in  the  work.  Any  material  not 
acceptable  will  be  cause  for  rejecting  the  bid. 

Section  5.  All  materials  furnished  must  be  up  to  the  standard 
of  the  sample,  and  all  work  must  be  done  to  the  satisfaction  of  the 
Board  of  Public  Works,  City  Engineer  and  Superintendent  of  Streets. 

Contractors  will  be  required  to  give  a  satisfactory  bond  guaran- 
teeing the  work  for  one  (i)  year  after  completion  and  acceptance. 
The  amount  of  said  bond  to  be  fixed  and  the  same  approved  by  the 
City  Council. 

Section  6.  Bids  and  measurements.  All  proposals  shall  specify 
the  rate  per  square  foot  of  walk  laid,  and  the  measurements  shall  be 
done  upon  the  basi^  of  square  feet  actually  laid  and  completed. 


OF  THE  CITY  OF  OAKLAND,  CAL.  151 

Section  7.     This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  approval. 

(Approved  January  3,  1890.     Vol.  3,  p.  404.) 


ORDINANCE  No.   1148. 


AN  ORDINANCE  TO  PREVENT  THE  BURNING  OF  RUB- 
BISH IN  THE  PUBLIC  STREETS  WITHIN  THE  FIRE 
LIMITS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  set  fire  or  burn,  or  cause  to  be  set  fire 
to  or  burned,  any  rags,  paper,  wood,  or  any  rubbish,  on  any  public 
street  or  grounds  within  the  Fire  Limits  of  the  City  of  Oakland,  or 
upon  any  street  or  sidewalk  paved  with  or  constructed  of  bituminous 
rock  or  any  other  combustible  material,  without  first  obtaining  a 
written  permit  from  the  Board  of  Public  Works. 

Section  2.  An  ordinance  entitled  ''An  Ordinance  to  Prevent  the 
Burning  of  Rubbish  in  the  Streets  or  Public  Grounds  of  the  City  of 
Oakland,"  approved  August  5,  1885,  and  all  ordinances  amendatory 
thereof,  are  hereby  repealed. 

Section  3.  Every  person  violating  any  provision  of  this  ordin- 
ance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars:  and  in  case 
said  fine  be  not  paid,  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.    Vol.  3,  p.  447.) 


ORDINANCE  No.   1188. 


AN  ORDIN.ANCE  FOR  THE  PREVENTION  OF  INJURY  TO 
SIDEWALKS. 


152  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  bv  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  cut,  carve,  hack,  hew  or  otherwise 
injure  or  deface  any  bituminous  or  other  sidewalk  on  any  public  street 
in  the  City  of  Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  ordin- 
ance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  and  in  case  such  fine  be  not  paid  then  by  imprison- 
ment at  the  rate  of  one  day  for  every  dollar  of  the  fine  so  imposed. 

Section  3.  One  half  of  each  fine  collected,  under  the  provisions 
of  the  preceding  section,  shall  be  paid  by  the  Clerk  of  the  Police 
Court,  upon  the  order  of  the  Judge  thereof,  to  the  person  procuring 
the  arrest  and  conviction  of  the  person  so  fined. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  August  22,  1890.    Vol.  3,  p.  495.) 


ORDINANCE  No.   1220. 


AN  ORDINANCE  TO  REGULATE  THE  DIGGING  OR  RE- 
MOVAL OF  PORTIONS  OF  THE  ROADWAY  OR  SIDE- 
WALK OF  PUBLIC  STREETS  AND  PLACES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  dig  or  remove  any  portion  of  the 
roadway  or  sidewalk  of  any  public  street  or  place  without  first  ob- 
taining a  permit  therefor  from  the  Board  of  Public  Works;  provided, 
however,  that  the  foregoing  provisions  of  this  ordinance  shall  not 
apply  to  the  laying  of  water  or  gas  mains,  or  to  the  doing  of  work 
on  public  sewers  or  streets  under  contract  as  provided  by  law,  or  to  the 
doing  of  any  act  authorized  by  general  law  or  franchise  of  this 
Council. 

Section  2.  Before  the  issuance  of  any  permit  to  dig  up  the  road- 
way of  any  public  street  for  the  purpose  of  laying  any  sewer,  gas  or 
other  pipes,  the  person  to  whom  it  is  to  be  issued  shall  deposit  with 
said  board  the  sum  of  at  least  $20.  Said  deposit  shall  be  returned 
upon  the  prompt  replacement  of  such  street  to  the  satisfaction  of  the 
Board;  otherwise  to  be  forfeited  to  the  city  and  used  by  said  Board. 


OF  THE  CITY  OF  OAKLAND,  CAL.  .  153 

or  so  much  thereof  as  may  be  necessary  for  the  putting  of  such  street 
in  a  proper  condition;  and  such  deposit  shall  be  returned  only  after 
said  Board  has  caused  said  work  to  be  examined  and  has  found  the 
said  street  to  be  replaced  as  required  by  this  ordinance. 

Section  3.  Every  person,  corporation  or  association  digging  up 
or  removing  any  portion  of  any  roadway  or  sidewalk  shall,  with  dili- 
gence, do  such  digging  or  removal,  and  the  acts  for  which  such 
digging  or  removal  are  necessary,  and  replace  such  roadway  or  side- 
walk in  good  condition,  shall  wet  and  tamp  the  soil  whenever  neces- 
sary, shall  leave  no  ridges  or  depressions,  shall  keep  in  good  repair 
for  a  period  of  six  months  such  portion  of  the  public  street  so  dug 
up  or  removed. 

Section  4.  Every  person  digging  up  any  sidewalk  for  the  pur- 
pose of  constructing  a  cellar  under  the  same  shall  with  diligence  carry 
on  such  work,  and  by  means  of  a  temporary  walk  or  otherwise 
promptly  put  such  sidewalk  in  safe  condition  for  use  by  pedestrians 
for  at  least  the  one-half  its  width  adjacent  to  the  roadway. 

Section  5.  Every  person  doing  any  of  the  work  hereinbefore 
mentioned  shall  do  the  same  in  good,  workmanlike  manner,  under 
the  direction  and  to  the  satisfaction  and  approval  of  the  Board  ol 
Public  Works,  and  shall  obey  all  such  lawful  orders  of  said  Board  a» 
may  be  made  for  the  carrying  into  effect  of  the  foregoing  provisions 
of  this  ordinance. 

Section  6.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  7.  This  ordinance  shall  take  effect  immediately  upon 
its  approval. 

(Approved  October  30,  1890.    Vol.  3,  p.  532.) 


ORDINANCE   No.   1702. 


AN  ORDINANCE  TO  REGULATE  THE  DIGGING  OR  RE- 
MOVAL OF  PORTIONS  OF  THE  ROADWAY  OR  SIDE- 
WALK OF  PUBLIC  STREETS  AND  PLACES. 


I 


154  .       GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person,  firm  or  corporation  shall,  in  the  City  of 
Oakland,  tear  up  or  loosen  or  remove  any  part  of  the  macadam  or 
other  surface  dressing  of  any  public  street  or  public  thoroughfare 
without  first  giving  written  notice  thereof,  together  with  a  plan,  show- 
ing the  exact  location  of  the  proposed  work  to  the  Board  of  Public 
Works  of  the  said  city,  and  at  the  same  time  depositing  with  said 
Board  of  Public  Works  $10.00  for  each  thirty  square  feet  of  surface 
or  portion  thereof  to  be  torn  up  or  loosened,  which  said  sum  shall 
be  retained  by  said  Board  of  Public  Works  for  the  space  of  one  year 
after  the  completion  of  the  work  and  the  filing  of  the  certificate  of  the 
Superintendent  of  Streets,  as  provided  in  Section  IV  of  this  ordinance, 
as  security  for  any  damage  or  expense  that  may  be  caused  thereby, 
and  that  the  street  may  be  left  in  as  good  condition  as  it  was  before 
being  torn  itp,  loosened  or  disturbed,  and  be  left  without  depression 
or  ridges,  and  at  the  expiration  of  one  year  after  the  completion  ot 
said  work  and  the  filing  of  said  certificate,  said  sum  shall  be  returned 
to  the  person,  firm  or  corporation  making  such  deposit,  except  as 
provided  in  Section  VI  of  this  ordinance. 

Section  2.  All  such  work  shall  be  done  to  the  satisfaction  of  the 
Superintendent  of  Streets  of  said  city,  and  all  the  materials  taken  up 
or  removed  shall  be  replaced,  excepting  where  pipes  of  six  inches  or 
larger,  in  diameter,  are  laid,  due  allowance  shall  be  made  for  the  neces- 
sary displacement  of  earth,  and  when  pipes  are  laid  the  filling  ot 
trenches  shall  be  thoroughly  tamped  and  wet  down,  and  the  surface 
dressing  shall  be  thoroughly  rolled  or  tamped  so  as  to  conform  with 
the  original  surface  of  the  street.  The  person,  firm  or  corporation 
so  opening,  loosening  or  removing  the  surface  dressing,  shall,  at  any 
time  within  one  year  after  replacing  the  same,  on  demand  of  the 
Superintendent  of  Streets  or  Board  of  Public  Works,  repeat  the  work 
of  refilling  the  macadam  or  bitumen  or  surface  dressing  and  do  all 
filling  that  may  be  necessary  to  raise  any  sunken  part  of  the  street 
above  said  pipe  to  the  proper  grade  or  original  surface  of  the  said 
street. 

Section  3.  Every  person,  firm  or  corporation  digging  up  or  re- 
moving any  portion  of  any  roadway  or  sidewalk  or  public  thorough- 
fare, shall,  with  due  diligence  do  such  digging  or  removal,  and  the 
acts  for  which  such  diggmg  or  removal  are  necessary,  and  shall  im- 
mediately replace  said  materials  removed  as  specified  in  Section  2  of 
this  ordinance. 

Section  4.  Upon  the  completion  of  any  of  the  work  above  men- 
tioned, the  Superintendent  of  Streets,  shall  inspect  the  same  upon  due 
notification  from  the  person,  firm  or  corporation  so  doing  said  work. 
And  if  the  street  is  found  to  be  in  good  condition  he  shall  so  certity 


OF  THE  CITY  OF  OAKLAND,  CAL.  155 

upon  notice  of    said  person,   firm  or  corporation,   to   the   Board  of 
Public  Works. 

Section  5.  In  lieu  of  said  cash  deposit,  a  bond  in  double  the 
amount  required  for  said  deposit,  or  a  general  bond  in  the  sum  ot 
$5000,  with  two  good  and  sufficient  sureties,  approved  by  the  Chair- 
man of  the  Board  of  Public  Works,  shall  be  filed  with  the  Board  ot 
Public  Works,  said  bond  to  be  conditioned  that  said  roadway  be  lett 
and  maintained  as  herein  provided,  in  as  good  condition  as  the  same 
existed  before  being  torn  up  or  disturbed,  and  that  all  materials  shall 
be  replaced  according  to  the  provision  of  this  ordinance  ,and  that 
the  person,  firm  or  corporation  doing  the  said  work  shall  at  any  time 
within  said  one  year  after  the  notice  to  the  Superintendent  of  Streets 
of  the  completion  of  said  work,  forthwith  repeat  said  work  of  filling, 
grading  or  refilling  the  macadam,  bitumen  or  portion  thereof,  upon 
notice  as  herein  provided  from  the  Superintendent  of  Streets  or  the 
Board  of  Public  Works  that  the  same  is  necessary. 

Section  6.  Any  such  person,  firm  or  corporation  failing  to  well 
and  truly  do  all  acts  required  by  Sections  i,  2,  and  3  of  this  ordinance, 
shall  be  notified  by  the  Superintendent  of  Streets  or  Board  of  Public 
Work  to  fully  comply  with  the  requirements  of  said  section  within 
five  days  after  service  upon  such  person,  firm  or  corporation  of  a 
written  notice  to  that  effect,  and  which  said  notice  may  be  given  at  any 
time  within  said  one  year  after  the  completion  of  said  work,  and  upon 
such  person,  firm  or  corporation  failing  to  do  so  within  five  days 
after  the  giving  and  making  of  such  demand,  the  Superintendent  ot 
Streets  under  direction  of  the  Board  of  Public  Works,  shall  repair  said 
street  or  public  thoroughfare,  and  the  Board  of  Public  Works  shall 
pay  the  cost  therefor  out  of  the  money  deposited  as  heretofore  re- 
quired by  Section  i  hereof,  in  case  money  has  been  deposited  as  herein 
provided,  and  the  remainder  of  said  money  so  deposited,  if  any,  shall 
thereupon  be  paid  to  such  person,  firm  or  corporation,  or  in  case  no 
such  deposit  has  been  made,  but  in  lieu  of  said  deposit,  a  bond  shall 
have  been  filed  as  provided  in  Section  5  hereof,  an  action  at  law  shall 
be  commenced  and  prosecuted  upon  said  bond  for  the  recovery  of  such 
damages,  costs  and  expenses  as  may  have  accrued  to  the  said  City  or 
Board  of  Public  Works  by  reason  of  the  failure  to  fulfill  the  con- 
ditions thereof. 

Section  7.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  8.  Every  person  violating  any  requirements  of  this  or- 
dinance shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  three  hundred  dollars 
and  in  case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of 
cne  day  for  every  two  dollars  of  the  fine  so  imposed. 


156  GENERAL  MUNICIPAL  ORIDINANCES 

Section  9.    This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  11,  1895.    Vol.  4,  p.  716.) 


ORDINANCE   No.   1252. 


AN  ORDINANCE  DECLARING  AND  DETERMINING  THK 
SPECIFICATIONS  FOR  THE  CONSTRUCTION  OF 
SIDEWALKS  AND  ARTIFICIAL  STONE  CURBS  IN 
THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  specifications  for  the  construction  of  sidewalks 
and  artificial  stone  curbs  in  the  City  of  Oakland  are  hereby  declared 
and  determined  to  be  as  follows: 

Section  2.  Sidewalks  must  be  constructed  of  cement  or  of  bitu- 
minous sand  rock,  width  of  walk  six  feet,  unless  otherwise  provided 
by  resolution  of  the  Council. 

Section  3.  Rise  of  sidewalk  from  curb  shall  be  at  uniform  rate 
of  one-third  (1-3)  of  an  inch  to  the  foot,  except  upon  streets  where 
the  intersecting  streets  have  diflFerent  widths  of  sidewalks,  in  which 
case  the  slopes  shall  be  averaged  at  the  corners. 

Section  4.  The  grade  for  the  cement  curb  shall  be  two  (2)  incheii 
above  the  wooden  curb  grade. 

All  sidewalks  must  be  constructed  to  the  official  lines  and  grades, 
as  given  by  the  City  Engineer. 

All  materials  used  and  work  done  must  be  under  the  supervision 
and  to  the  satisfaction  of  the  Superintendent  of  Streets  of  said  city, 

(Cement  Walks.) 

Section  5.  Foundation — The  excavation  for  the  foundation  must 
extend  at  least  six  (6)  inches  outside  of  the  lines  of  walk  on  each 
side.  Where  the  ground  is  of  adobe  the  same  must  be  excavated  to 
a  depth  of  ten  (10)  inches  below  the  sub-grade  of  the  cement  work. 
If  the  adobe  is  less  than  ten  (10)  inches  thick,  the  s^me  must  be 
wholly  removed.  The  cavity  thus  formed  is  to  be  filled  with  broken 
rock,  gravel,  sand  or  earth,  other  than  the  adobe,  thoroughly  rammed 
to  sub-grade  of  cement  work,  smooth  and  even  on  surface,  all  to  be 
thoroughly  sprinkled  with  water. 


OF  THE  CITY  OF  OAKLAND,  CAL.  157 

Where  there  is  no  adobe  the  ground  is  to  be  made  solid  and 
smooth  to  sub-grade  by  tampmg;  all  roots  and  perishable  material  to 
be  removed. 

Cement  work — The  first  or  lower  layer  of  cement  work  to  be  not 
less  than  two  and  one-quarter  (234)  inches  thick,  and  up  to  within 
three-quarters  (^)  inch  of  grade  after  thorough  tamping.  It  shall 
be  formed  of  best  quality  ot  fresh  Portland  cement  of  a  brand  ap- 
proved by  the  Board  of  Public  Works  and  mixed  with-  clean  gravel 
entirely  free  from  dirt  or  clay,  in  the  proportion  of  one  barrel  ot 
cement  to  seven  barrels  of  gravel. 

The  cement  and  gravel  to  be  first  thoroughly  mixed  dry  and 
thereafter  water  added  by  sprinkling,  the  mixing  to  be  continued  until 
every  particle  of  gravel  is  coated  with  cement,  and  the  mass  to  be 
just  wet  enough  so  that  in  ramming  or  tamping  the  water  will  not 
splash.  The  concrete  shall  be  made  up  in  batches  only  so  fast  as  it 
can  be  laid  in'place  and  tamped  before  the  cement  has  set. 

The  top  layer,  three-quarters  (^4)  of  an  inch  thick,  to  be  com- 
posed of  one  barrel  of  cement  to  one  barrel  of  fine,  screened,  clean 
gravel,  the  mortar  to  be  first  mixed  dry  then  sprinkled  with  water. 
All  mixing  for  top  layers  must  be  done  in  mortar  boxes. 

Immeditely  before  laying  the  top  layer,  the  first  or  lower  layer 
shall  be  covered  with  a  grout  composed  of  one  barrel  cement  to  one 
barrel  of  screened  gravel.  The  top  layer  to  be  troweled  to  smooth 
and  even  surface  and  line  in  blocks  not  exceeding  four  square  feet. 

The  gravel  for  the  top  layer  must  be  colored  with  dry  lamp  black 
in  the  proportion  of  one  pound  lamp  black  to  one  barrel  of  gravel, 
thoroughly  mixed  before  adding  cement. 

The  work  shall  be  properly  protected  from  sun  and  frost. 

By  a  barrel  of  cement  is  meant  an  unbroken  original  package  or 
barrel  of  fresh  A  i  Portland  cement  of  full  standard  weight,  tensile 
strength  and  measure.  The  barrel  for  measuring  the  gravel  must  be 
of  same  size  as  the  cement  barrel. 

(Bituminous  Sand  Rock  Sidewalks.) 

Section  6.  (a)  All  sidewalks  constructed  of  bituminous  sand- 
rock  shall  have  a  foundation  of  hard,  broken,  seamless  rock  (of  size 
to  pass  through  a  two-inch  ring)  at  least  three  (3)  inches  inthickness. 
the  same  to  be  thoroughly  rolled  or  tamped  and  having  the  inter- 
stices filled  with  hard  rock  screenings  or  gravel. 

(b)  The  top  dressing  of  the  sidewalk  shall  consist  of  a  layer  of 
bituminous  sand  rock  equal  to  the  best  Santa  Cruz  or  San  Luis 
Obispo  bituminous  rock,  and  at  least  one  inch  in  thickness,  laid 
hot,  and  well  rolled  and  ironed. 

(c)  Bitumen  to  be  so  laid  that  neither  horses  nor  vehicles  touch 
the  foundation  after  the  same  has  been  rolled. 


158  GENERAL  MUNICIPAL  ORDINANCES 

(d)  The  edges  of  the  walk  to  be  retained  by  2x4  inch  redwood 
strips  spiked  to  2x3  inch  redwood  stakes  15  inches  long,  driven  every 
6  feet  apart,  all  flush  with  surface  of  the  walk. 

(Artificial  Stone  Curbs.) 

Section  7.  Artificial  stone  or  concrete  curbs  to  be  8  inches  wide 
by  16  inches  deep.  The  molds  to  be  banked  up  with  earth  so  as  not 
to  move  with  tamping.  Concrete  to  be  filled  in  and  thoroughly 
tamped  to  within  three-quarters  of  an  inch  of  grade,  final  layer  ot 
mortar  of  one  to  one  cement  and  gravel,  to  be  then  filled  in  and 
smoothed  with  a  trowel.  After  setting  for  twelve  hours  it  shall  then  be 
covered  with  earth  6  inches  deep  and  kept  covered  for  three  weeks. 

Section  8.  Whenever  the  sidewalk  is  to  be  constructed  by  pub- 
lic contract  under  the  general  street  law  of  the  Stat^  of  California, 
each  bidder  therefor  must  use  the  blank  forms  of  proposals  furnished 
by  the  City  Clerk,  and  must  file  with  the  City  Clerk  and  also  with  the 
Superintendent  of  Streets  of  said  city,  at  least  once  before  filing  hib 
proposals,  samples  of  material  to  be  used.  The  materials  furnished 
must  be  up  to  the  standard  of  the  samples  upon  any  work  which  may 
thereafter  be  awarded  to  said  bidder. 

Section  9.  Upon  the  completion  of  the  work,  and  before  the 
issuance  of  the  assessment  warrant,  the  contractor  shall  file  with  the 
Superintendent  of  Streets  a  bond  in  the  sum  to  be  determined  by  the 
Mayor  of  the  City  of  Oakland,  guaranteeing  the  work  for  one  year 
from  injury  by  ordinary  use.  Said  bond  shall  be  approved  as  to  suf- 
ficiency by  the  President  of  the  Board  of  Public  Works,  and  shall  b? 
upon  the  blanks  furnished  by  the  Superintendent  of  Streets. 

Section  10.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  11.  This  ordinance  shall  take  effect  and  be  in  force  on 
and  after  its  approval. 

(Approved  March  4,  1891.    Vol.  3.  p.  567.) 


ORDINANCE  No.   1253. 


AN  ORDINANCE  CONCERNING  THE  CONSTRUCTION  OK 
SIDEWALKS  AND  CURBS  IN  THE  CITY  OF  OAK- 
LAND. 


OF  THE  CITY  OF  OAKLAND,  CAL  159 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person  to 
construct  or  cause  to  be  constructed  in  the  City  of  Oakland  any  side- 
walk or  curb  without  first  obtaining  from  the  Board  of  Public  Works 
of  said  city  a  permit  m  writing  so  to  do,  unless  the  construction  of  said 
sidewalk  or  curb  shall  have  been  ordered  by  the  Council. 

Section  2.  Said  permit  shall  be  issued  by  said  Board  to  the  per- 
son applying  therefor  upon  the  payment  of  fifteen  ($15)  dollars  as 
deposit,  which  deposit  sum  shall  be  retained  by  said  Board  until  the 
completion  of  the  sidewalk  or  curb  in  the  permit  described  and  the 
removal  of  all  debris  caused  by  said  construction.  Said  debris  shall 
be  removed  within  five  (5)  days  after  notice  from  the  Superintendent 
of  Streets,  and  if  not  so  removed,  the  Board  of  Public  Works  are 
hereby  authorized  to  have  the  same  done  at  the  expense  of  the  con- 
tractor, and  the  deposit  of  $15  to  be  applied  in  payment  therefor. 
When  sidewalk  and  curb  are  fully  constructed  and  debris  removed  to 
the  satisfaction  of  said  Board  and  Superintendent  of  Streets,  then 
the  deposit  shall  be  refunded  by  said  Board  to  the  depositor  upon 
surrender  and  cancellation  of  said  permit;  provided,  however,  that 
in  no  case  shall  such  permit  be  granted  to  construct  sidewalk  or  curb 
where  the  Council  has  passed  Resolution  of  Intention  to  construct 
such  sidewalk  or  curb. 

Section  3.  Said  permit  shall  be  upon  blank  forms  provided  by 
the  Board  of  Public  Works,  and  shall  specify  the  name  and  resi- 
dence of  the  applicant,  the  location  of  the  property  in  front  of  which 
the  proposed  sidewalk  or  curb  is  to  be  constructed,  the  length  and 
width  of  said  walk  or  curb  and  the  material  to  be  used  in  its  con- 
struction. Said  permit  shall  also  contain  a  true  printed  copy  of  the 
provisions  of  the  ordinance  or  ordinances  setting  forth  the  specifica- 
tions adopted  by  the  Council  of  the  City  of  Oakland  for  the  con- 
struction of  curbs  and  of  cement  or  bituminous  sand-rock  sidewalks. 

Section  4.  No  sidewalk  shall  hereafter  be  constructed  in  the 
City  of  Oakland  other  than  of  cement  or  bituminous  sand-rock 
unless  special  permission  therefor  be  first  obtained  from  the  Council 
of  said  city  by  the  owner  of  the  property  in  front  of  which  the  walk 
is  to  be  laid. 

Section  5.  Within  the  fire  limits  of  said  city,  as  declared  by  its 
ordinances,  only  granite  curbing  shall  be  constructed. 

Section  6.  All  sidewalks  and  curbs  hereafter  laid  must  be  con- 
structed in  every  particular  in  accordance  with  the  permit  therefor 
issued  and  the  specifications  therein  recited,  and  must  be  completed 
within  thirty  days  from  date  of  permit,  unless  an  extension  of  time 
thereon  be  granted  by  the  Council. 


i6o  GENERAL  MUNICIPAL  ORDINANCES 

Section  7.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars,  and  in  case  said  fine  be  not  paid,  then  the  person  so  fined 
may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the 
rate  of  one  day  for  every  dollar  of  the  fine  so  imposed. 

Section  8.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  9.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  March  4,  1891.    Vol.  3,  p.  572.) 


ORDINANCE  No.   1262. 


AN  ORDINANCE  DECLARING  THE  SPECIFICATIONS 
FOR  THE  LAYING  OF  STRADAMANT  ASPHALTUM 
PAVEMENTS  AND  CROSSWALKS  UPON  THE 
STREETS,  AVENUES,  ALLEYS,  PUBLIC  PLACES  AND 
HIGHWAYS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

The  specifications  for  the  laying  of  stradamant  asphaltum  pave- 
ments and  crosswalks  upon  the  streets,  avenues,  alleys,  public  places 
and  highways  of  the  City  of  Oakland  shall  be  and  are  as  follows: 

Section  i  There  shall  be  four  classes  of  stradamant  asphaltum 
pavement  and  crosswalks,  to-wit: 

Class  A — Top  layer  one  inch  thick  of  stradamant;  asphaltic  suf- 
facing  laid  upon  a  foundation  of  stradamant;  asphaltic  concrete  five 
(5)  inches  thick. 

Class  B — Top  layer  (i^)  one  and  one-half  inches  thick  of  stra- 
aamant;  asphaltic  surfacing  laid  upon  a  foundation  of  stradamant; 
asphaltic  concrete  (4^)  four  and  one-half  inches  thick. 

Class  C — Top  layer  one  inch  thick  of  stradamant;  asphaltic  sur- 
facing laid  upon  a  foundation  of  stradamant;  asphaltic  concrete  (3) 
three  inches  thick. 

Class  D — Top  layer  (>4)  one-half  inch  thick  of  stradamant;  sur- 
facing laid  upon  a  foundation  of  stradamant;  asphaltic  concrete  (2^2) 
two  and  one-half  inches  thick. 

All  measurements  for  thickness  to  be  taken  after  final  compression. 

The  concrete  and  pavement  to  be  well  rolled  and  tamped. 


OF  THE  CITY  OF  OAKLAND,  CAL.  i6i 

(General  Provisions.) 

(a)  All  Resolutions  of  Intention  shall  declare  the  class  of  pav- 
ing. 

(b)  All  work  shall  be  to  the  official  line  and  grade  as  set  by  the 
City  Engineer  of  said  city. 

(c)  All  work  shall  be  done  to  the  satisfaction  of  the  Superintend- 
ent of  Streets  of  said  city. 

(d)  The  crown  of  roadways  not  exceeding  32  feet  in  width  shall 
be  two  inches  above  the  curb,  and  of  roadways  of  greater  width,  four 
inches,  unless  otherwise  provided  in  the  order  of  work. 

(e)  All  work  shall  conform  to  the  general  or  special  plan  posted 
with  the  Notice  to  Contractors. 

(f)  Road-bed  to  be  brought  to  a  true  and  even  arc,  and  thor- 
oughly compacted  by  rolling  with  a  roller  of  at  least  ten  (10)  tons 
weight  before  laying  concrete  for  street  pavements.  Sub-grade  for 
cross  walks  shall  be  thoroughly  compacted  by  tamping. 

(g)  Road-bed  must  be  clear  of  all  refuse,  slush  and  sponge  earth 
before  rolling. 

(h)  Trenches  caused  by  sewer  gas  or  water  pipes  must  be  settled 
b,y  water  and  tamped  solid. 

(i)  Upon  the  completion  of  the  work  the  contractor  must  re- 
move all  surplus  material  from  the  street. 

(j)  The  City  Engineer  or  the  Superintendent  of  Streets  of  said 
city,  each  in  his  respective  capacity,  shall  have  the  authority  to  order 
the  employes  of  any  contractor  to  stop  the  construction  of  any  work 
whenever  in  the  judgment  of  either  of  said  officials  the  same  is  not 
being  done  in  accordance  with  the  specifications.  The  contractor 
shall  instruct  his  employes  to  obey  forthwith  any  such  orders  from 
either  of  said  officials. 

(k)  All  work  must  be  so  prosecuted  as  not  to  blockade  th« 
street  unnecessarily. 

(1)  Upon  the  completion  of  the  work  and  before  the  issuance 
of  the  assessment  warrant  therefor,  the  contractor  must  file  with  the 
Superintendent  of  Streets  a  bond  in  the  sum  to  be  determined  by  the 
Mayor  of  said  city,  guaranteeing  the  work  for  five  (5)  years  from 
injury  by  ordinary  use.  Said  bond  shall  be  approved  as  to  sufficiency 
by  the  President  of  the  Board  of  Public  Works  of  said  city,  and  shall 
be  upon  the  blanks  furnished  by  said  Superintendent  of  Streets. 

(Proposals.    How  Made.) 

All  proposals  to  be  upon  blanks  furnished  by  the  City  Cleric. 
Each  bidder  for  paving  shall  file  with  the  City  Clerk,  and  also  with 
the  Superintendent  of  Streets  of  said  city,  at  least  once  before  filing 
his  proposals,  block  samples  of  each  class  of  pavement.    The  mater- 


i62  GENERAL  MUNICIPAL  ORDINANCES 

ials  furnished  and  the  pavement  laid  must  be  up  to  the  standard  of 
such  samples  upon  any  work  which  may  thereafter  be  awarded  to  said 
bidder. 

Section  2.     This  ordinance  shall  take  effect  upon  its  approval. 

(Approved  March  28,  1891.    Vol.  3.  p.  595.) 


ORDINANCE  No.   1267. 


AN  ORDINANCE  TO  PROHIBIT  THE  ERECTION  OR 
MAINTENANCE  OF  WOODEN  AWNINGS  OVER  OR 
UPON  THE  SIDEWALKS  OF  CERTAIN  STREETS  OF 
THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  erect  or  maintain  any  wooden  awn- 
ing, over  or  upon  any  sidewalk  of  Broadway  or  Washington  streets, 
between  the  center  lines  of  Seventh  and  Fourteenth  streets  in  the  City 
of  Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  ordin- 
ance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars;  and  m 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  one  dollar  of  the  fine  so  imposed. 

Section  3.  This  ordmance  shall  take  effect  ninety  days  from 
and  after  its  aproval. 

(Approved  May  8,  1891.    Vol.  3,  p.  606.) 


ORDINANCE  No.  1283. 


AN  ORDINANCE  DECLARING  CERTAIN  TREES  GROWING 
IN  THE  PUBLIC  STREETS,  UNDER  CERTAIN  CON- 
DITIONS, NUISANCES  AND  PROVIDING  FOR  THEIR 
ABATEMENT. 


OF  THE  CITY  OF  OAKLAND,  CAL.  163 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Any  pine,  poplar,  cottonwood  or  eucalyptus  tree 
growing  in  any  public  street  or  sidewalk  which  is  endangering  or 
which  may  in  any  way  endanger  the  security  or  usefulness  of  any 
public  sewer  or  sidewalk  is  hereby  declared  a  public  nuisance. 

Section  2.  Whenever  it  may  appear  to  the  satisfaction  of  the 
Superintendent  of  Streets  that  public  necessity  requires  the  removal 
of  any  tree  coming  under  operation  of  the  provisions  of  Section  i  ot 
this  ordinance,  it  shall  be  the  duty  of  said  Superintendent  of  Streets 
to  report  the  same  to  the  Council,  and  the  Council  may  by  resolu- 
tion order  the  same  removed,  and  the  said  Superintendent  of  Streets, 
after  the  adoption  of  such  resolution,  shall  have  authority  to  remove 
the  same  forthwith. 

Section  3.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  go  into  full  force  and  effect  im- 
mediately after  its  approval. 

(Approved  June  3,  18^1.    Vol.  3,  p.  635.) 


ORDINANCE  No.  1298. 


AN  ORDINANCE  REGULATING  TRAFFIC  AND  SALES  IN 
THE  STREETS  AND  HIGHWAYS  OF  THE  CITY  OF 
OAKLAND,  PREVENTING  SUCH  TRAFFIC  AND 
SALES  FROM  ENDANGERING  THE  PUBLIC  COM- 
FORT AND  SAFETY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  determined  and  ordained  that  it  is  neces- 
sary to  regulate  traffic  and  sales  in  the  streets  and  highways  of  the 
City  of  Oakland,  and  that  in  order  to  properly  regulate  the  same,  to 
secure  the  public  safety  and  comfort,  it  is  necessary  that  such  trade 
and  traffic  in  streets  and  highways  be  regulated  in  accordance  with 
the  terms  and  provisions  contamed  in  this  ordinance. 

Section  2.  It  is  hereby  declared  to  be  unlawful  for  any  person 
at  any  place  in  any  of  the  streets  or  highways  of  the  City  of  Oakland, 
and  included  in  the  territory  described  in  this  section,  to  traffic  in. 


i64  GENERAL  MUNICIPAL  ORDINANCES 

vend  or  sell,  or  to  attempt  or  offer  to  traffic  in,  vend  or  sell  any  goods, 
wares,  merchandise,  meats,  vegetables,  fruits,  berries,  produce,  or  any 
article  of  household,  family  or  domestic  supplies;  and  every  such  act 
at  any  such  place,  whether  of  so  trafficking,  vending  or  selling,  or 
of  attempting  or  offering  to  so  traffic,  vend  or  sell  such  property,  o? 
any  thereof,  is  hereby  declared  to  be  unlawful;  but,  the  sale, 
vending  or  trafficking,  or  the  offer  to  sell,  vend  or  traffic  in  any  of  saia 
personal  property  by  a  person  at  his  fixed  place  of  business,  con- 
ducted in  a  building  or  store  lawfully  occupied  by  him  and  fronting  or 
abutting  upon  any  street  or  highway  within  said  territory,  is  not  and 
shall  not  be  construed  to  be  unlawful  hereunder. 

The  territory  above  referred  to  in  this  section  is  bounded  and 
particularly  described  as  follows: 

Commencing  at  a  point  formed  by  the  intersection  of  the  north- 
erly projection  of  the  eastern  line  of  Clay  street,  with  the  northern 
line  of  Fourteenth  street  in  said  City  of  Oakland,  and  running 
thence  easterly  along  the  northern  line  of  Fourteenth  street  to  its 
intersection  with  the  eastern  line  of  Franklin  street;  thence  southerly 
along  the  eastern  line  of  Franklin  street  to  its  intersection  with  the 
northern  line  of  Sixth  street;  thence  westerly  along  the  northern  line 
of  Sixth  street  to  its  intersection  with  the  eastern  line  of  Clay  street, 
and  thence  northerly  along  the  eastern  line  of  Clay  street  and  its  north- 
erly projection  to  the  intersection  thereof  with  the  northern  line  of 
Fourteenth  street. 

Section  3.  Nothing  herein  contained  shall  be  construed  as  pre- 
venting or  making  unlawful  the  prompt  delivery  in  good  faith  of  any 
of  said  personal  property  to  or  at  any  such  fixed  place  of  business  (so 
situated  and  conducted  in  such  building  or  store  within  said  terri- 
tory) in  any  case  where  such  personal  property,  so  being  delivered, 
is  actually  and  in  good  faith  consigned  goods,  or  has  actually  and  in 
good  faith  been  theretofore  purchased  at  a  place  outside  of  said  terri- 
tory by  such  lawful  occupant  of  such  fixed  place  of  business,  actually 
doing  business  therein,  and  said  property  is  in  either  such  case  then 
being  delivered  to  him  thereat. 

Section  4.  The  word  "person"  as  used  in  this  ordinance  shall 
include  partnerships,  associations,  firms,  companies  and  corporations 
as  well  as  natural  persons. 

Section  5.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  subjected  to  and  shall  pay  a  fine  not  exceed- 
ing one  hundred  dollars,  and  in  case  the  fine  imposed  be  not  paid, 
such  person  shall  be  imprisoned  :n  the  City  Prison  of  the  City  of 
Oakland  at  the  rate  of  one  dollar  per  day  until  the  fine  so  imposed 
be  satisfied. 

Section  6.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 


OF  THE  CITY  OF  OAKI^AND,  CAL.  165 

Section  7.    This  ordinance  shall  take  effect  from  and  after  it< 
approval. 

(Approved  July  11,  1891.    Vol.  3,  p.  654.) 


ORDINANCE  No.   1354. 


AN  ORDINANCE  REGULATING  THE  CONSTRUCTION  OF 
PRIVATE  SEWERS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland^  as  follows: 

Section  i.  No  person  shall  tap  any  public  sewer  or  construct  any 
private  or  side  sewer  connected  with  any  public  sewer  in  any 
public  street  of  the  City  of  Oakland  without  first  obtaining  the  permit 
hereinafter  mentioned,  or  without  constructing  in  said  sewer  a  sul  • 
ficient  trap  for  the  prevention  of  any  gas,  efifluvia  or  nauseous  smell 
from  escaping  through  the  same  into  any  room,  building,  premises, 
street,  lane  or  alley. 

Section  2.  Any  person  desiring  to  tap  any  public  sewer  or  con- 
struct any  private  or  side  sewer  connecting  with  any  public  sewer 
shall  apply  to  the  Board  of  Public  Works,  who,  upon  deposit  of  the 
sum  of  $20,  shall  issue  a  permit  therefor,  specifying  the  place  where 
such  private  sewer  is  to  be  constructed  or  connection  made,  and  also 
the  time  within  which  said  work  is  to  be  completed.  No  such  permit 
shall  be  granted  to  any  person  who,  in  performing  any  similar  work 
luider  a  former  permit,  has  been  derelict  in  the  performance  of  any 
duty  incumbent  upon  him.  In  place  of  the  said  deposit  of  $20,  a 
bond  must  be  given  with  two  sureties,  payable  to  the  City  of  Oak- 
land, for  the  sum  of  five  hundred  dollars,  conditioned  that  all  work 
done  and  material  furnished  by  the  maker  of  said  bond  shall  be  to  the 
satisfaction  and  approval  of  the  Superintendent  of  Streets.  Said 
bond  shall  be  approved  by  the  City  Attorney  and  Superintendent  ot 
Streets.     (Amendment  approved  March  21,  1895.    Vol.  4,  p.  674.) 

Section  3.  All  such  sewers  shall  be  constructed  of  materials  of 
good  quality,  shall  be  laid  and  cemented  in  a  good  and  workmanlike 
manner;  and  all  connections  with  public  or  other  sewers,  and  also  the 
replacement  of  all  soil,  macadam  or  other  material  removed,  shall 
also  be  made  and  done  in  a  good  and  workmanlike  manner,  with  dili- 
gence, within  the  time  allowed,  and  to  the  satisfaction  and  approval 
of  the  Board  of  Public  Works. 


i66  GENERAL  MUNICIPAL  ORDINANCES 

Section  4.  Upon  the  proper  completion  of  such  work  within  the 
time  specified,  or  such  reasonable  additional  time  as  the  Board  ot 
PubHc  Works  may  in  their  discretion  grant,  and  upon  their  approval 
of  the  same,  they  shall  return  the  deposit  hereinbefore  referred  to; 
otherwise  the  same  shall  be  at  once  forfeited  and  paid  to  the  City 
Treasurer,  and  the  Board  of  Public  Works  shall  proceed  forthwith  to 
put  in  good  condition,  at  the  expense  of  the  city,  the  portion  of  the 
street  which  has  been  dug  up. 

Section  5.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  ont 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  6.  An  ordinance  entitled  "An  Ordinance  Regulating  Pri- 
vate Sewers  in  the  City  of  Oakland,"  approved  July  13,  1870,  is  hereby 
repealed. 

Section  7.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  October  2,  1891.    Vol.  3,  p.  722.) 


ORDINANCE   No.   1355. 


AN  ORDINANCE  TO  REGULATE  THE  PLACING  OF 
BUILDING  MATERIAL  AND  OTHER  OBSTRUCTIONS 
UPON  PUBLIC  STREETS 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  place  or  cause  to  be  placed  on  any 
street,  sidewalk  or  public  place  in  the  City  of  Oakland,  any  material 
machinery  or  apparatus  for  building,  paving  or  other  purposes  and 
allow  the  same  to  there  remain  for  over  24  hours  without  a  permit 
from  the  Board  of  Public  Works.  Such  permit  shall  specify  the  por- 
tion of  the  street  or  sidewalk  to  be  used  and  the  period  of  such  use, 
which  period  shall  not  be  larger  than  may  be  reasonably  necessary, 
and  may  be  extended  only  in  case  of  necessity. 

Section  2.  Every  person  having  control  of  any  such  material, 
machinery  or  apparatus  shall  obey  every  lawful  direction  of  the  Board 
of  Public  Works  as  to  such  building  material,  whether  contained  in 
said  permit  or  made  after  issuance  thereof. 


OF  THE  CITY  OF  OAKLAND,  CAL.  167 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  4.  Section  5  of  an  ordinance  entitled  "An  Ordinance  to 
Regulate  Streets;  Sidewalks  and  Public  Grounds^  etc.,"  approved 
March  15,  1872,  is  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  October  2,  1891.     Vol.  3,  p.  725.) 


ORDINANCE  No.   1362 


AN  ORDINANCE  ESTABLISHING  AND  DEFINING  THE 
LINES  OF  TWELFTH  STREET,  BETWEEN  FALLON 
STREET  AND  FIRST  AVENUE,  IN  THE  CITY  OF  OAK- 
LAND. 

Be  it  Ordaiiied  by  the  Council  of  the  City  of  Oikland,  as  follows: 

Section  i.  Twelfth  street,  between  Fallon  street  and  First  avenue, 
is  hereby  declared  to  be  a  public  street  within  the  following  described 
lines: 

Beginning  at  a  point  on  the  southerly  line  of  Twelfth  street,  ais- 
tant  three  hundred  and  seventy-five  and  25-100  feet  (375.25)  easterly 
from  the  southeasterly  corner  of  Oak  and  Twelfth  streets,  said  point 
being  forty  and  5-100  (40.05)  feet  southerly  from  the  brass  pin  in  the 
concrete  monument  situated  in  the  center  of  said  Twelfth  street  and 
distant  three  hundred  and  seventy-three  and  15-100  (373.15)  feet  easterly 
from  the  east  line  of  Oak  street;  thence  running  easterly  from  said 
point  of  beginning  on  a  line  deflecting  seven  degrees  and  thirty-eight 
and  one-half  (7  deg.  z^Yz  min.)  minutes  to  the  left,  or  northerly  from 
the  southerly  line  of  said  last  named  Twelfth  street  (being  the  pro- 
posed southerly  line  of  Twelfth  street)  a  distance  of  twelve  hundred 
and  seventy-four  (1274)  and  95-100  feet  to  the  intersection  of  the  pro- 
posed southerly  line  of  Twelfth  street  with  the  northwesterly  line  ot 
First  avenue;  thence  northeasterly  eighty-one  (81)  3-10  feet  to  the  inter- 
section of  the  northwesterly  line  of  First  avenue  with  the  proposed 
northerly  line  of  Twelfth  street,  which  is  eighty  (80)  feet  northerly  ol 


i68  GENERAL  MQNICAPAL  ORDINANCES 

and  parallel  with  the  proposed  southerly  line  of  Twelfth  street;  thence 
westerly  and  parallel  with  said  proposed  southerly  line  of  Twelfth 
street  to  a  point  opposite  the  point  of  beginning,  and  eighty  (80)  feet 
distant  northerly  therefrom;  thence  southerly  at  right  angles  eighty 
(80)  feet  to  the  point  of  beginning. 

Section  2.  All  ordinances  and  parts  of  ordinances  in  conflict  are 
hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  November  16,  1891.     Vol.  3,  p.  JZi-) 

See  also  Ordinance  No.  11 16,  "Establishing  Twelfth  Street  Across 
the  Dam."    Vol.  3,  p.  406.) 


ORDINANCE   No.   136^ 


AN    ORDINANCE    TO    PREVENT    FAST    AND    RECKLESS 
DRIVING. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  ride  or  drive  afty  horse  or  other 
animal  upon  any  public  street  or  place  in  the  City  of  Oakland  in  such 
a  manner  as  to  endanger  or  unreasonably  incommode  any  person,  or 
at  a  rate  of  speed  exceeding  nine  miles  an  hour. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  "of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  17,  1891.     Vol.  3,  p.  739.) 


ORDINANCE  No.   1386. 


AN  ORDINANCE  TO  REGULATE  THE  IMPROVEMENT  OF 
THE  ROADWAY  OF  PUBLIC  STREETS  BY  PRIVATE 
CONTRACT. 

Be  it  Ordained  by  the  Cotmcil  of  the  City  of  Oakland,  as  follows: 

Section  i.     No  person  shall  cause  or  allow  the  construction  by 
private  contract  of  any  macadam,   stone,   bituminous  sand  rock   or 


OF  THE  CITY  OF  OAKLAND,  CAL.  169 

similar  roadway  in  any  public  street  of  the  City  of  Oakland,  in  front 
of  property  owned  by  him,  or  under  his  charge  or  control,  unless  per- 
mission therefor  shall  have  been  first  obtained  from  the  City  Council. 

Section  2.  No  person  having  charge  of,  or  causing  any  such  work 
to  be  done,  shall  cause  or  allow  the  same  to  be  done  otherwise  thau 
in  conformity  to  the  official  grade  and  lines,  and  in  accordance  with 
the  specifications  prescribed  by  the  respective  ordinances  in  force  and 
relating  to  the  same  class  of  work. 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case  said 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

(Approved  December  23,  1891.    Vol.  4,  p.  14.) 


ORDINANCE   No.   1422. 


AN  ORDINANCE  DECLARING  AND  DETERMINING  THE 
GENERAL  SPECIFICATIONS  FOR  REPAIRING,  IM- 
PROVING AND  PAVING  THE  STREETS,  AVENUES, 
ALLEYS  AND  HIGHWAYS  OF  THE  CITY  OF  OAK- 
LAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  general  specifications  for  the  repairing,  improv- 
ing and  paving  of  the  streets,  avenues,  alleys  and  highways  of  the  City 
of  Oakland,  which  shall  include  the  grading,  curbing,  forming  gutters, 
cross-walks,  culverts,  macadamizing  and  paving  with  bituminous  sand 
rock  of  said  streets,  avenues,  alleys  and  highways  of  the  City  of  Oak 
land  shall  be  and  are  hereby  determined  to  be  and  fixed  as,  and  declared 
to  be  as  set  forth  herein,  and  the  same  shall  be  the  specifications  for, 
and  all  work  of  repairing,  improving  or  paving  said  streets,  avenues, 
alleys  and  highways  in  the  City  of  Oakland  shall  be  done  under  ana 
in  accordance  with  such  specifications,  unless  otherwise  ordered  and 
officially  determined  by  law. 

(Grading.) 

Section  2.     All  streets  shall  first  be  brought  to  the  proper  sub- 
grade,  as  shown  by  the  levels  and  lines  of  the  City  Engineer,  and  the 


I70  GENERAL  MUNICIPAL  ORDINANCES 

roadway  be  given  an  even  surface.  The  roadway  to  be  brought  by 
filling  and  rolling  to  a  true  arc  from  gutter  to  gutter,  and  thoroughly 
rolled  with  a  roller  weighing  not  less  than  ten  tons,  keeping  surface  up 
to  said  arc  by  filling  more  earth  where  depressed  by  rolling. 

In  excavation,  not  over  two  blocks  of  street  to  be  broken  up  at 
one  time,  and  such  blocks  must  be  completed  to  grade  before  ground 
is  broken  on  additional  blocks,  unless  otherwise  requested  by  a  major- 
ity of  owners  of  property  fronting  on  street  to  be  graded. 

In  the  removal  of  trees  the  roots  must  be  taken  out. 

At  the  cross  streets  and  at  end  of  work  the  bank  must  be  cut  to  a 
slope  accessible  to  vehicles,  said  slope  to  be  three  horizontal  to  one 
\ertical,  and  to  be  estimated  in  the  work. 

In  filling  streets,   no   perishable  or  unwholesome  material  to  he 
used,  such  as  rubbishy  brush,  straw,  manure,  wood,  or  anything  or 
fensivc. 

Cesspools,  old  drains  or  wells  in  the  streets  to  be  cleared  of  any 
impure  matter  and  filled  by  the  contractor. 

In  filling  a  street  during  the  dry  season,  on  which  macadamizing 
or  paving  is  to  follow  the  grading  in  the  same  season,  the  earth  filled 
must  be  put  in  layers  of  one  foot  deep  and  each  layer  rolled  with  a 
roller  of  at  least  ten  tons  weight. 

Contractors  must,  during  the  progress  of  the  work,  mark  any 
place  liable  to  be  dangerous  to  travel,  by  night  with  lanterns,  and  in 
the  daytime  with  conspicuous  poles,  stakes  or  red  flags. 

Slopes  into  lots  to  be  not  less  than  1I/2  horizontal  to  i  vertical, 
except  where  the  lots  are  filled  by  the  contractor  at  the  time  of  grading 
the  streets,  in  which  case  there  will  be  no  slope  estimated. 

All  cavities  formed  by  removal  of  old  culverts  and  crosswalks  must 
be  cleared  of  wet  and  springy  earth,  and  where  street  is  to  be  paved 
with  bitumen,  the  cavities  must  be  filled  to  sub-grade  of  foundation 
with  broken  rock,  which  is  to  be  tamped  or  rolled. 

Amount  of  filling  to  be  estimated  in  cubic  yards  of  space  actually 
filled. 

(Curbing.) 

Section  3,  Article  i. — Wooden  Curbs — Wooden  curbs  are  to  be 
of  sound  3x12  redwood  plank,  free  from  sap,  warp,  wind  or  split-;, 
securely  nailed  with  fifty-penny  nails  to  4x4  redwood  stakes  2^  feet 
long,  unless  in  the  order  of  work  a  different  length  of  stake  is  specified. 

Joints  of  curb  to  be  at  middle  of  stake,  outer  face  of  curbs  maa. 
flush  by  sizing  curb  next  to  stake.     Stakes  to  be  not  over  ten  feet  apart. 

Article  2  Granite  or  Sandstone — Granite  or  sandstone  curbs  arc- 
to  be  six  inches  wide  on  top,  and  to  average  16  inches  in  depth,  but  not 
less  than  14  inches  in  depth.  If  of  sandstone,  the  outer  edge  must  be 
?4  round,  1^2  inch  radius. 


OF  THE  CITY  OF  OAKLAND,  CAL.  171 

Front  face  to  full  depth  of  gutter  to  be  dressed  even,  top  dressed 
square  and  true,  back  face  dressed  3  inches  in  depth. 

Lengths  not  less  than  4  feet.     Joints  true  and  square. 

Circular  curbs  to  be  of  radius  given  in  plans  on  file  in  City  Clerk's 
office. 

Granite  or  sandstone  curbs  to  be  firmly  bedded  upon  not  less  than 
4  inches  of  sand  or  gravel.     Earth  either  side  to  be  tamped  solid. 

(Cement.) 

Article  3.  Cement  curbs  which  are  found  to  be-  in  perfect  con- 
dition, of  full  depth,  well  seasoned  and  unimpaired  or  unbroken,  may 
remain  and  be  excepted  from  the  work,  provided  they  .  are  on  the 
official  line  and  grade. 

New  cement  curbs  are  to  be  constructed  as  follows: 

Size — Width  8  inches,  depth  16  inches,  outer  edge  i>^  round,  i 
inch  radius.  Interior  of  curb  to  be  of  concrete  composed  as  follows: 
One  part  best  Portland  cement,  two  parts  of  clean,  sharp  sand,  four 
and  a  half  parts  broken  or  crushed  hard  rock  free  from  clay,  slate,  dirt 
or  dust.  The  top  finish  to  be  composed  of  one  part  Portland  cement ' 
to  one  part  clean,  sharp  sand,  this  finish  to  be  ^  of  an  inch  thick. 
The  outer  face  of  finish  to  be  of  same  proportion  as  top,  and  not  to  be 
less  than  J4  oi  an  inch  thick  for  a  depth  of  nine  inches. 

For  mixing  concrete,  parts  to  be  measured  in  bulk,  cement  and 
sand  to  be  mixed  dry  by  turning  at  least  twice,  so  as  to  be  thoroughly 
mixed,  then  thoroughly  mixed  with  the  broken  stone,  sprinkled  with 
clean  water,  while  mixing,  so  as  to  form  a  plastic  mass  and  not  to  run, 
and  so  that  the  concrete  may  be  tamped  in  moulds  without  splashing. 

Place  mould  board  on  each  side  full  deoth  of  curb,  firmly  braced 
in  position.  As  concrete  is  put  in  moulds  work  in  concrete  next  to 
moulds  with  straight  spade.  Tamp  concrete  thoroughly  to  within  ^ 
of  an  inch  of  grade.  The  top  finish  to' be  evenly  finished  to  grade  and 
line. 

In  mixing  concrete  care  must  be  taken  not  to  mix  more  than  can 
be  put  in  place  before  it  sets. 

After  cement  work  is  set  firm,  cover  the  same  with  earth  6  inches 
deep  and  keep  covered  for  three  weeks;  during  hot  weather  earth  to  be 
kept  damp. 

(Gutters.) 

Section  4,  Article  i — Broken  Rock — All  gutters  to  be  as  herein 
designated,  to-wit;  Broken  rock  gutters  to  be  of  trap  or  basalt  rock, 
of  a  size  to  make  not  more  than  four  pieces  to  one  square  foot  of  sur- 
face of  gutter. 

Depth  of  rock  not  less  than  6  inches. 

No  openings  or  joints  over  i  inch  wide. 


172  GENERAL  MUNICIPAL  ORDINANCES 

Rock  to  be  paved  on  a  bed  of  sand,  fine  gravel  or  cinders,  of  not 
less  than  6  inches  in  depth. 

Rock  to  have  flat  surfaces  on  top,  and  well  rammed  to  an  even 
surface  and  grade.  , 

Gutters  to  be  grouted  so  as  to  fill  all  joints  with  Portland  cement, 
grout  in  proportion  of  one  part  cement  to  two  parts  of  coarse  sand  or 
fine  gravel,  mixed  with  clean,  fresh  water,  sufficient  to  pour  in  joints, 
joints  being  left  open  to  receive  grout  and  not  otherwise  filled. 

Article  2 — liasalt  or  Belgian  Blocks — Basalt  or  Belgian  block 
gutters  to  be  laid  with  blocks  which  are  as  nearly  rectangular  as  pos- 
sible; no  wedge-shaped  blocks  allowed.  Length  of  blocks  not  less  than 
8  inches,  depth  not  less  than  6  inches;  to  be  laid  in  concrete  at  least 
4  inches  thitk,  composed  of  i  part  Portland  cement  to  4  parts  fine 
gravel.     Blocks  in  parallel  rows  lengthwise  of  gutter. 

Joints  not  over  i  inch  wide.     Top  surface  laid  to  grade. 

Gutters  to  be  grouted  so  as  to  fill  all  joints  with  liquid  grout, 
one  part  Portland  cement  to  two  parts  of  sand  mixed  with  clean,  fresh 
water  sufficient  to  pour  in  and  fill  joints,  the  joints  being  left  open  to 
jTeceive  grout  and  not  otherwise  filled. 

Article  3 — The  form  of  all  gutters  to  be  as  per  section  plan  filed 
in  office  of  Citj'  Clerk. 

Article  4 — Bituminous — Bituminous  gutters  to  be  on  same  founda- 
tion as  bituminous  paving. 

(Culverts  of  Class  "A,") 

Section  4,  Article  i — Ironstone — Culverts  of  Class  "A"  are  to  be 
constructed  of  well-glazed  vitrified  ironstone  pipe,  with  sockets  free 
from  warps,  cracks  and  other  imperfections.  The  pipe  must  be 
straight,  and  not  vary  from  a  true  cylinder  more  than  1-12  of  an  inch 
for  each  3  inches  diameter  of  pipe. 

The  trench  for  the  pipe  must  be  two  feet  wide,  graded  true,  bottom 
uniformly  solid  and  level. 

Joints  to  be  thoroughly  cemented  with  one  to  two  cement  mortar 
and  cleaned  on  inside  with  swab  or  disk. 

Pipe  to  be  laid  upon  the  bottom  of  the  trench,  the  earth  tamped 
under  pipe  to  2  inches  above  bottom  of  pipe,  and  the  trench  to  be  then 
filled  with  concrete,  well  packed  and  tamped  under  the  lower  quartets 
of  the  pipe,  and  covered  with  6  inches  thickness  of  concrete  on  both 
sides  and  top,  except  at  the  crosswalks,  where  the  top  covering  shall  be 
at  least  3  inches  thick.  After  the  concrete  is  finished  and  has  set  for 
12  hours,  it  must  be  covered  with  earth  to  a  depth  of  at  least  6  inches, 
and  remain  so  covered  for  one  week. 

"Y"  branches  with  conduit  pipes  to  be  laid  and  concreted  in  same 
manner  as  culverts,  as  shown  on  plan  posted  with  Proposals  for  Street 
Work. 


OF  THE  CITY  OF  OAKLAND,  CAL.  173 

(Culverts  of  Class  "B.') 

Article  2.  (Cast-iron  culverts,  with  or  without  cast-iron 
botoms) — The  material  is  to  be  of  the  best  cast-iron,  coated  inside 
and  out  with  a  double  coat  of  parafifine  paint.  They  shall  conform  in 
every  particular  to  the  section  plan  posted  with  Proposals  for  street 
Work. 

Culverts  with  cast-iion  bottoms  shall  be  bedded  upon  and  \n 
cement  mortar  two  inches  thick.  The  proportions  of  this  mortar  shall 
be  one  barrel  of  cement  to  six  barrels  clean  gravel. 

Culverts  with  concrete  bottoms  shall  rest  upon  a  concrete  founda- 
tion six  inches  thick,  inside  finish  one-half  inch  thick,  troweled  smooth. 
The  top  and  sides  of  culvert  shall  be  covered  with  concrete,  all  as  per 
section  plan  posted  with  Proposals  for  Street  Work.  The  concrete 
must  be  rammed  to  place  before  setting. 

Article  3 — Culverts  of  Class  "C" — (Wooden  and  iron  culverts 
combined) — The  wooden  bridge  across  the  gutters  must  be  of  good, 
sound  fir  plank  three  inches  thick  and  twelve  inches  wide,  free  fro>it 
sap,  large  or  loose  knots.     Width  of  bridge,  six  feet.  , 

These  planks  must  be  spiked  with  50-penny  spikes  to  a  four  by 
six  redwood  sill  at  the  outer  end,  and  to  the  curb  at  the  inner  end, 
except  the  center  plank,  which  must  be  fastened  to  the  curb  and  sil' 
with  four  inch  spikes,  with  their  heads  set  into  the  planks  so  as  to  come 
flush  with  the  surface  of  the  same. 

Where  the  curbing  is  concrete  or  stone,  the  bridge  plank  must  be 
spiked  to  a  four  by  six  redwood  sill,  and  laid  in  concrete  against  the 
curbing. 

The  pipe  to  be  used  must  be  of  the  form  shown  on  the  plan  posted 
with  the  proposals  for  street  work. 

The  culvert  must  extend  between  the  paved  gutters  under  the 
wooden  bridges,  and  must  be  laid  on  a  solid  foundation,  the  joints  to  be 
securely  cemented  or  leaded. 

For  further  details  and  dimensions  reference  is  hereby  made  to  said 
plan  posted  with  proposals  for  street  work. 

(Crosswalks— Class  "A.") 

Section  5,  Article  i.  All  crosswalks  to  be  of  either  class  A.  B  or 
C,  the  requirements  of  which  respectively  are  as  follows: 

Class  A  to  be  of  bituminous  sand-rock,  not  less  than  two  inches 
thick,  laid  upon  six  inches  of  concrete:  bitumen  to  be  laid  on  hot  and 
rolled  with  hot  rollers.  Edge  of  bitumen  to  be  turned  under  at  sides, 
the  macadam  lapping  over  flush  with  surface  of  bitumen.  After  the 
concrete  is  finished  and  has  set  for  twelve  hours,  it  must  be  covered 
with  earth  at  least  six  inches  in  depth,  and  remain  so  covered  at 
least  one  week  before  the  bitumen  is  laid.     The  earth  covering  must 


174  GENERAL  MUNICIPAL  ORDINANCES 

be    entirely    removed    and    the    concrete    swept    clean    before    laying 
bitumen. 

(Class  "B.") 

Article  2.  Class  B  to  be  of  bituminous  sand-rock,  not  less  than 
two  inches  thick,  laid  upon  six  inches  of  crushed  rock  of  same  class  ot 
macadam  as  used  on  the  street,  and  that  will  pass  through  two  and 
one-half  inch  ring.  Rock  to  be  bonded  with  screenings  and  rolled 
with  roller  of  at  least  ten  tons  weight.  Bitumen  to  be  laid  in  same 
manner  as  in  class  A. 

Article  3.  The  crosswalks  of  classes  A  and  B  shall  extend  from 
curb  to  curb,  unless  in  the  order  of  work  wooden  bridges  over  gutters 
are  required.     These  bridges  must  be  as  in  Section  6  provided. 

(Class  "C") 

Article  4.  Class  C  to  be  of  same  material  as  macadam  used  on 
street,  but  raised  3  inches  above  surface  of  macadam,  of  width  of  6 
feet,  to  have  wooden  bridges  same  as  culverts  of  Class  C. 

(Macadam.) 

Section  6,  Article  i.  All  macadamizing  shall  be  done  only  with 
hard  rock  of  the  igneous  character  known  ;s  hard  blue  trap  rock  or 
hard  gray  trap  rock  or  basalt  rock,  and  shall  be  such  rock  only  as  shall 
come  within  the  requirements  of  either  ist  class  rock  or  2d  class  rock, 
the  requirements  of  which  classes  are  as  follows,  to-wit: 

1st  class  rock — Shall  be  rock  of  igneous  character  and  formation, 
trap  or  basalt,  of  irregular  cleavage,  and  such  as  shall  not  lose  by 
erosion  and  fracture  upon  testing  same  in  the  "rattler"  belonging  to 
City  of  Oakland  for  purpose  of  testing  rock,  revolving  at  the  rate  ot 
not  less  than  28  revolutions  per  minute  for  three  hours,  more  than  fif- 
teen per  cent  of  its  original  weight. 

2d  class  rock — Shall  be  trap  or  basalt  rock  such  as  shall  not  lose 
by  erosion  and  fracture  upon  testing  the  same  in  the  said  "rattler,"  re- 
volving at  the  rate  of  not  less  than  28  revolutions  per  minute  for  three 
hours,  more  than  25  per  cent  of  its  original  weight. 

Article  2.  All  rock  submitted,  or  which  shall  be  used  in  the 
macadamizing  of  a  street,  shall  be  of  the  character  and  size  and  of  the 
class  as  herein  designated  and  as  called  for  by  Resolution  of  Inten- 
tion each  respectively,  and  shall  be  subjected  to  a  test  of  three  hours 
in  said  "rattler,"  revolving  at  the  rate  of  not  less  than  28  revolutions 
per  minute,  by  the  City  Engineer  or  Street  Committee,  or  both,  and 
no  rock  that  after  such  test  does  not  retain  at  least  the  minimunr 
weight  required  by  the  requirements  of  the  class  called  for  in  the  Reso- 
lution of  Intention  and  Proposals  for  ^reet  Work,  in  each  case  res- 


OF  THE  CITY  OF  OAKLAND,  CAL.  175 

pectively,  shall  be  used  upon  the  streets,   nor    accepted  by  the  city 
officials. 

Article  3.  The  work  of  macadamizing  a  street  shall  be  of  three 
grades  or  classes,  designated  as  class  A,  class  B  and  class  C.  The 
requirements  of  each  respectively  shall  be  as  follows: 

Class  A.  After  the  grading  and  rolling  of  the  street  to  the  proper 
sub-grade,  as  prescribed  hereinbefore,  a  layer  of  first-class  rock,  as 
above  designa^ted,  of  a  uniform  depth  of  nine  inches  before  rolling, 
composed  of  rock  of  a  size  to  pass  through  a  three-inch  ring,  shall 
be  placed  on  the  sub-grade  and  then  thoroughly  rolled  with  a  ten-toti 
roller,  and  so  that  a  uniform  surface  is  presented,  and  so  that  the 
crown  of  the  street  shall  be  preserved,  as  per  cross  section  for  such 
street  filed  in  the  office  of  the  City  Clerk.  The  top  surface  to  be  well 
covered  so  as  to  thoroughly  fill  all  the  interstices  with  fine  screenings 
of  said  first-class  rock,  which  screenings  shall  not  be  of  a  size  less  than 
1/4  of  an  inch  in  any  direction^  such  top  covering  in  no  event  to  be  less 
than  I  inch  or  more  than  i]/2  inches  in  depth.  The  whole  then  to  be 
well  watered  and  thoroughly  rolled  with  a  roller  of  not  less  than  ten 
tons  in  weight. 

Class  B.  After  the  grading  and  rolling  of  the  street  to  the  proper 
sub-grade,  as  prescribed  hereinbefore,  a  layer  of  said  first-class  rock 
of  a  uniform  depth  of  seven  inches  before  rolling,  composed  of  rock 
of  a  size  to  pass  through  a  three-inch  ring,  shall  be  placed  on  the  sub- 
grade,  and  then  be  thoroughly  rolled  with  a  ten-ton  roller,  and  so 
that  a  uniform  surface  is  presented,  and  so  that  the  crown  of  the  street 
shall  be  preserved,  as  per  cross-section  for  such  street  filed  in  the  office 
of  the  City  Clerk.  The  top  surface  to  be  well  covered,  so  as  to 
thoroughly  fill  all  the  interstices  with  fine  screenings  of  said  first-class 
rock,  which  screenings  shall  not  be  of  a  size  less  than  Y^  of  an  inch 
in  any  direction,  such  top  covering  in  no  case  to  be  less  than  i  inch 
or  more  than  il/i  inches  in  depth.  The  whole  then  to  be  well  watered 
and  thoroughly  rolled  with  a  roller  of  not  less  than  ten  tons  in  weight. 

Class  C.  After  the  grading  and  rolling  of  the  street  to  the  proper 
sub-grade  as  prescribed  hereinbefore,  a  layer  of  second  class  rock,  as 
above  designated,  of  a  uniform  depth  of  six  inches  before  rolling,  com 
posed  of  rock  of  a  size  to  pass  through  a  three-inch  ring,  shall  be 
placed  on  the  sub-grade,  artd  then  thoroughly  rolled  with  a  ten-ton 
roller,  and  so  that  a  uniform  surface  is  presented,  and  so  that  the 
crown  of  the  street  shall  be  preserved,  as  per  cross-section  for  such 
street  filed  in  the  office  of  the  City  Clerk.  The  top  surface  to  be  well 
covered  so  as  to  thoroughly  fill  all  the  interstices  with  fine  screenings 
of  said  second-class  rock,  which  screenings  shall  not  be  of  a  size  less 
than  %  of  an  inch  in  any  direction,  such  top  covereing  in  no  event  to 
be  less  than  i  inch,  or  more  than  i^  inches  in  depth.  The  whole  then 
to  be  well  watered  and  thoroughly  rolled  with  a  roller  of  not  less  than 
ten  tons  in  weight. 


176  GENERAL  MUNICIPAL  ORDINANCES 

(Bituminous  Paving.) 
Section  7,  Article  i.     All  bituminous  paving  to  be  of  one  of  the 
classes  as  follows: 

(First  Class.) 

For  the  first  class,  the  bituminous  sand  rock  shall  be  2^  inches 
thick,  laid  on  a  6-inch  concrete  foundation. 

Concrete  to  be  in  place  and  rammed  beforesetting. 

Concrete  to  be  wet  twice  a  day  for  seven  days,  and  be  swept  clean 
before  being  covered  with  the  bituminous  sand  rock. 

(Second  Class.) 

Article  2.  For  the  second  class  the  bituminous  sand  rock  shall  be 
2  inches  thick,  laid  upon  a  foundation  of  6  inches  of  said  second  class 
rock.  The  size  of  the  rock  and  the  method  of  laying  and  compacting 
the  same  fo  be  as  in  this  ordniance  provided  for  macadamizing.  The 
roadbed  to  be  graded  and  rolled  to  sub-grade  of  rock  with  a  roller  not 
less  than  ten  tons  weight. 

(Third  Class  ) 

Article  3.  For  the  third  class,  the  bituminous  sand  rock  to  be  lYz 
inches  thick,  laid  on  the  old  macadam,  provided  the  macadam  is  not 
less  than  6  inches  thick,  and  the  top  surface  at  sub-grade  of  bitumen. 
Otherwise  it  shall  be  laid  on  a  laj'er  of  6  inches  of  said  second  class 
lock,  upon  the  same  method  of  laying  the  rock  as  provided  for 
macadam.  The  loadbed  to  be  graded  and  rolled  to  sub-grade  of  rock, 
with  a  roller  not  less  than  ten  tons  weight. 

(General  Provisions.) 

Article  4.  All  bituminous  sand  rock  shall  be  laid  hot,  raked, 
smoothed  and  rolled  with  hot  irons  and  rollers  to  a  true  and  even 
surface,  and  then  finally  rolled  with  a  ten-ton  roller.  Measurement 
for  thickness  of  bitumen  must  be  made  after  this  final  rolling  of  same. 

The  bitumen  shall  be  conveyed  to  the  work  in  such  manner  that 
neither  horses  nor  vehicles  touch  the  concrete  or  rock  foundation  afte*- 
it  has  been  rolled.  All  soft  and  spongy  earth  to  be  removed  in  grading 
for  bituminizing  and  any  holes  below  sub-grade  filled  with  rock  or 
gravel  and  thoroughly  tamped  or  rolled  to  sub-grade  of  rock. 

fConcrcte.) 

Section  S,  Article  i.  When  concrete  is  used  in  any  work  herein 
provided  for,  the  following  provisions  shall  govern: 

Proportions  for  concrete,  for  bituminous  cross-walks,  for  laying 
cast-iron  culverts  with  concrete  bottoms,  and  for  first-class  bituminous 
sand  rock  paving;  shall  be:    One  (i)  barrel  cement,  three  (3)  barrels 


OF  THE  CITY  OF  OAKLAND,  CAL.  177 

clean,  sharp  sand,  six  (6)  barrels  clean,  hard,  seamless,  second-class 
rock  crushed  to  about  the  size  of  two-inch  cubes.  Proportions  for 
concrete  for  laying  iron-stone  pipe  culverts  shall  be:  Qne  (i)  barrel 
cement  to  six  (6)  barrels  of  gravel.  Inside*  finish  of  the  concrete 
bottoms  for  cast-iron  culverts  shall  be  one  to  one  Portland  cement 
mortar. 

Article  2.  Concrete  shall  be  mixed  either  by  the  most  approved 
machine  mixers  or  by  hand.  If  by  the  latter  process,  then  in  the  fol- 
lowing manner:  The  rock  must  be  spread  upon  a  level  flooring,  so  as 
to  make  a  pile  of  uniform  8-inch  thickness,  rectangular  in  shape.  The 
cement  and  sand  to  be  thoroughly  mixed  dry  in  mortar  boxes  apart 
from  the  rock.  The  mixture  is  to  be  then  spread  evenly  upon  the 
broken  rock.  The  whole  mass  thus  obtained  to  be  then  first  mixed  dry, 
so  that  the  sand  and  cement  shall  be  thoroughly  incorporated  witn 
the  rock,  and  then  finally  mixed  by  shoveling  it  over  while  being 
sprinkled  with  water.  There  must  be  no  loose  water  in  the  heap  or 
on  the  flooring.  The  rock  must  be  clean  and  well  washed  immed- 
iately before  being  spread  upon  the  flooring  as  above  described. 

The  concrete  must  be  mixed  in  batches  or  quantities  each  not 
exceeding  what  can  be  laid  and  rammed  before  the  cement  has  set. 

Section  9.  Whenever  the  word  cement  is  used  in  this  ordinance 
the  best  quality  of  fresh  Portland  cement,  subject  to  approval  of  City 
Engineer  and  Board  of  Public  Works,  is  intended.  Lumpy  cement 
must  be  rejected.  By  a  barrel  of  Portland  cement  is  meant  an  un- 
broken original  package  or  barrel,  of  full  standard  weight  and  meas- 
ure. The  barrel  for  measuring  the  sand  and  rock  must  be  of  the  same 
size  as  the  cement  barrel. 

(General  Provisions.) 

Section  10,  Article  l.  All  resolutions  of  intention  shall  declare  the 
class  of  the  paving,  macadam,  culverts  or  cross-walks,  as  herein 
specified. 

Article  2.  In  macadamizing  or  paving  streets  the  roadbed  shall 
be  cleared  of  all  rubbish,  refuse,  slush  and  spongy  earth. 

Article  3.  Trenches  caused  by  sewer,  gas  or  water  pipe  to  brr 
settled  by  water  and  tamped  solid. 

Article  4.  Roadbed  to  be  brought  to  a  true  and  even  arc.  and 
thoroughly  compacted  by  rolling  with  a  roller  of  at  least  ten  tons 
weight  before  laying  any  rock,  and  of  at  least  ten  tons  weight  before 
laying  concrete  for  bituminous  paving. 

Article  5.  All  work  shall  be  to  the  official  line  and  grade,  as  set 
by  the  City  Engineer,  and  shall  conform  to  the  general  or  special  plan, 
posted  with  the  Proposals  for  Street  Work. 

Article  6.  All  work  must  be  so  prosecuted  as  not  to  blockade  the 
street  unnecessarily.  Lanterns  must  be  set  by  the  contractor  at  night 
to  mark  piles  of  material  and  obstructions. 


178  GENERAL  MUNICIPAL  ORDINANCES 

Article  7.  Upon  completion  of  the  work  the  contractor  shah 
remove  all  surplus  material  from  the  street.  No  street  having  loos* 
rock  upon  its  surface  will  be  considered  finished  and  acceptable. 

Article  8.  All  work  shall  be  done  to  the  satisfaction  of  the 
Superintendent  of  Streets. 

Article  9.  Each  bidder  for  street  work  shall  file  with  the  City- 
Clerk  and  with  the  Superintendent  of  Streets,  at  least  once  before 
filing  his  proposals,  and  whenever  requested,  samples  of  material  to  hn 
used.  The  materials  furnished  must  be  up  to  the  standard  of  the 
samples  upon  any  work  which  may  thereafter  be  awarded  to  said 
bidder. 

(Proposals— How  Made.) 

Section  11,  Article  i.  All  proposals  to  be  upon  blanks  furnished 
by  the  City  Clerk. 

Article  2.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Article  3.  This  ordinance  shall  take  eflfect  and  be  in  force  on 
and  after  its  approval.  (Amendment  approved  May  29,  1893.  Vol. 
4.  P-  427) 

(Approved  May  12,  1892.     Vol.  4,  p.  188.) 


ORDINANCE  No.  1437. 


AN  ORDINANCE  PROVIDING  REGULATIONS  CONCERN- 
ING ACCEPTANCES  OF  IMPROVED  PUBLIC  STREETS 
IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  In  addition  to  the  requirements  and  conditions  re- 
quired by  the  general  law  concerning  the  acceptance  of  public  streets, 
after  the  same  have  been  fully  constructed,  the  following  regulations 
are  hereby  adopted  as  the  regulations  to  be  followed  and  complic-il 
with  before  acceptance  of  any  street  by  the  City  Council. 

No  street,  or  portion  of  street,  less  than  the  entire  width  of  the 
roadway,  including  the  curb,  and  at  least  one  block  in  length,  or  one 
entire  crossing,  shall  be  accepted. 

No  street,  or  a  portion  of  a  street,  shall  be  accepted  until  after  the 
same  shall  have  been  fully  constructed  to  the  satisfaction  of  the  Super- 


OF  THE  CITY  OF  OAKLAND,  CAL.  179 

intendent  of  Streets,  of  the  City  Engineer  and  of  the  City  Council,  and 
shall  be  in  good  condition  throughout,  and  shall  have  been  constructed 
under  and  in  conformity  with  the  following  requirements,  to-wit: 

Such  street,  or  portion  of  street,  including  curbing,  shall  be  graded 
to  the  official  grade  throughout  its  entire  width,  and  curbed  in  accord- 
ance with  specifications  contained  in  Ordinance  No.  1422,  or  such 
other  specifications  as  hereafter  may  be  adopted,  and  macadamized  or 
re-macadamized  with  first-class  rock,  in  accordance  with  the  specifica- 
tions of  said  Ordinance  No.  1422,  or  such  other  specifications  as  here- 
after may  be  adopted,  or  m  lieu  of  such  macadamizing  shall  have  been 
paved  with  bituminous  sand  rock  in  accordance  with  the  provisions  of 
said  ordinance,  or  paved  with  Belgian  blocks  or  compressed  asphaltum 
or  bituminous  sand  rock  blocks,  or  stradamant  pavement,  in  accord- 
ance with  specifications  therefor  adopted  by  ordinance  of  said  City 
Council.  There  must  be  also  in  such  street  a  good  and  sufficient 
sewer,  constructed  in  accordance  with  the  specifications  for  sewers  and 
sewer  work  now  adopted,  or  that  may  hereafter  be  adopted,  for  such 
work  by  said  Council;  and  there  must  also  be  gas  and  water  pipe  mains 
laid  in  such  street  in  a  good  and  workmanlike  manner  and  of  suf- 
ficient size. 

Section  2.  No  street  or  portion  of  street  shall  be  accepted  until 
the  Superintendent  of  Streets  and  the  City  Engineer  certify  to  the 
City  Council  that  such  street  has  been  fully  constructed  as  provide'd 
by  law  and  this  ordinance,  and  to  the  satisfaction  of  said  Supermtend- 
ent  of  Streets  and  of  said  City  Engineer,  which  certificate  shall  recite 
the  nature  of  the  improvements  made,  and  the  materials  of  which  any 
existing  roadway  or  curb  is  j:onstructed;  and  it  shall  be  the  duty  of 
said  Superintendent  of  Streets  and  of  said  City  Engineer,  whenever 
any  street  or  portion  of  a  street  is  entitled  to  acceptance,  as  provided 
by  law  and  this  ordinance,  to  file  such  certificate  thereof  with  the 
City  Clerk. 

Section  3.  An  ordinance  entitled  "An  Ordinance  Regulating  the 
Acceptance  of  Improved  Public  Streets  in  the  City  of  Oakland." 
numbered  121 1,  and  approved  October  3rd,  1890,  is  hereby  repealed. 

Section  4.  This  ordinance  takes  effect  immediately  upon  its 
passage  and  approval. 

(Approved  Aug.  8,  1892.     Vol.  4,  p.  245.) 


i8o  GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1460. 


AN  ORDINANCE  REGULATING  THE  REMOVAL  OF 
BUILDINGS  ON,  OVER  OR  THROUGH  PUBLIC 
STREETS  AND  HIGHWAYS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person,  firm  or  corporation  shall  remove  or  cause 
to  be  moved  any  building  in  the  City  of  Oakland  on,  over  or  through 
any  public  street  or  highway  thei^eiUj  except  having  first  complied 
with  the  provisions  hereof. 

Section  2.  Any  person,  firm  or  corporation  desiring  to  remove  or 
cause  to  be  removed  any  building  shall  first  obtain  the  written  assent 
to  such  removal  from  persons  ownmg  a  majority  of  front  feet  of  lots 
in  the  same  block  on  the  same  street  in  which  it  is  proposed  to  locate 
such  building  to  be  removed,  and  tdso  of  persons  owning  a  majority 
of  front  feet  opposite  the  proposed  location  and  within  150  feet  of  the 
same;  provided,  however,  that  the  foregoing  provisions  shall  not 
apply  to  any  person  removing  a  building  upon,  his  own  premises  and 
not  going  upon  the  premises  of  any  other  person,  or  upon  any  street, 
alley,  or  other  public  place  in  making  such  removal;  and  provided, 
further,  that  in  case  the  consent  hereinbefore  provided  for  cannot  be 
obtained,  then  such  removal  may  be  made  after  consent  obtained  from 
the  Council.     (Amendment  approved  October  2,  1894.     Vol.  4,  p.  611.) 

Section  3.  No  person  ,firm  or  corporation  shall  move,  or  cause 
to  be  moved,  on,  over  or  through  any  public  street  or  highway  in 
said  city  any  building  without  first  obtaining  from  the  Board  of  Public 
Works  a  permit  in  writing  so  to  do.  Such  permit  shall  be  issued  only 
upon  presentation  of  the  written  assent  to  the  removal  of  such  build- 
ing as  provided  for  in  Section  3  of  this  ordinance,  and  shall  not  be 
issued  until  after  the  person,  firm  or  corporation  so  applying  therefor 
shall  have  first  delivered  to  the  Tax  Collector  a  bond,  running  to  the 
City  of  Oakland,  in  the  sum  of  $500,  with  at  least  two  good  and  suf- 
ficient sureties,  approved  by  the  Mayor  and  City  Attorney,  which  bond 
shall  be  conditioned  that  the  party  so  desiring  to  move  buildings  in  said 
city  will  strictly  comply  with  all  the  conditions  and  requirements  of 
this  ordinance  and  of  any  ordinances  hereafter  passed  regulating  house 
moving,  and  of  any  order,  rule  or  regulation  concerning  house  mov- 
ing that  may  hereafter  be  passed  by  the  Board  of  Public  Works,  and 
that  said  party  will  pay  any  and  all  damages  which  may  result  by 
reason  of  any  house  moving  in  the  City  of  Oakland  by  said  party,  his 


OF  THE  CITY  OF  OAKLAND,  CAL.  i8i 

agents,  employees  or  workmen,  to  any  fence,  tree,  pavement,  streets, 
sidewalk,  horse  car,  cable,  electric  or  steam  railroad  line,  or  to  any 
telegraph  pole  or  wire  belonging  to  the  City  of  Oakland,  or  belong- 
ing to  any  telegraph  or  telephone  company  having  a  franchise  in  said 
city,  and  conditioned  further  that  said  party,  said  principal,  will  save, 
indemnify  and  keep  harmless  the  City  of  Oakland  against  all  liabil- 
ities, judgments,  costs  and  expenses  which  may  in  anywise  accrue 
against  said  city  in  consequence  of  the  granting  of  such  permit,  and 
will  in  all  things  strictly  comply  with  the  conditions  of  such  permit. 
Any  such  bond  filed  by  any  person,  firm  or  corporation  shall  operate 
as  a  bond  for  the  purposes  required  by  this  ordinance  for  the  term  ot 
one  year  from  the  date  of  filing  thereof,  in  so  far  that  no  other  or 
additional  bond  need  be  given  by  such  party  for  the  removal  of  houses 
in  said  city  during  the  said  period  of  one  year,  and  at  the  expiration  ot 
said  year  a  new  bond  shall  be  required  to  be  filed  by  such  party  before 
the  issuance  to  such  party  of  any  permits  hereunder. 

Such  permit  shall  specify  the  character  of  the  building  to  be 
moved  the  place  from  which  and  to  which  said  building  is  to  be  moved, 
and  the  streets  on^  over  or  through  which  such  removal  may  be  made; 
and  said  building  shall  not  be  moved  on,  over  or  through  any  other 
streets,  except  those  named  in  said  permit.  Said  permit  shall  not  be 
issued  until  after  payment  of  the  sum  of  ten  dollars  therefor  to  the 
Secretary  of  the  Board  of  Public  Works. 

Section  4.  All  removals  made  under  such  permits  shall  be  done 
in  a  careful  manner,  and  shall  be  prosecuted  with  diligence,  and  shall 
be  under  the  superintendence  and  control,  and  to  the  satisfaction  and 
approval  of  the  Board  ot  Public  Works 

Section  5.  No  person,  firm  or  corporation  owning  or  having 
charge  of  the  removal  of  any  building  through  the  public  streets,  shall 
permit  said  building  to  be  or  stand  on  any  street,  lane,  alley  or  publu: 
grounds  within  the  limits  of  one  block  for  a  longer  period  than  twenty- 
four  hours. 

Section  6.  No  person,  firm  or  corporation  owning  or  having 
charge  of  the  removal  of  any  building  through  the  public  streets,  shall 
allow  or  cause  the  injury  of  any  street,  sidewalk,  curb,  tree,  fence  or 
private  or  public  property  by  reason  of  such  removal. 

Section  7.  No  person,  firm  or  corporation  owning  or  having 
charge  of  the  removal  of  any  building  shall  permit  the  same  to  obstruct 
any  horse  car,  cable  road  or  electric  road  in  operation,  nor  the  line 
of  any  steam  railroad,  except  between  the  hours  of  i  a.  m.  and  5  a.  m 

Section  8.  When  the  cutting  or  temporary  removal  of  any  poie 
or  poles  or  of  any  public  or  private  telegraph,  telephone,  electric  light 
wire,  or  any  other  wire  passing  along  or  over  any  street,  lane  or  alley, 
becomes  necessary  for  the  removal  of  any  building,  the  person  in 
charge  of  such  removal,  at  least  six  hours  in  advance  of  reaching  the 
same,  shall  notify  the  person  or  persons  having  charge  of  and  control 


i82  GENERAL,  MUNICIPAL  ORDINANCES 

over  such  wire  or  wires,  and  the  person  so  notified  shall  cause  such 
wires  to  be  piomptly  out  or  removed  and  leplaced.  Provided,  how- 
ever, that  in  every  case  in  which  the  cutting  of  the  wires  of  the  City 
of  Oakland  may  be  necessary  the  City  Electrician  shall  be  notified, 
snd  he  shall  have  the  wires  cut  and  replaced,  the  person  or  persons 
having  charge  of  the  removal  of  the  buildmgs  paying  the  entire  cost 
and  expense  of  the  cutting,  removal  and  replacing  of  the  same. 

Section  9.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars;  and  in  case 
such  fine  be  not  paid  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed,     . 

Section  10.  The  City  Council  may,  at  any  time,  for  such  cause  as 
they,  or  a  majority  of  them,  upon  investigation,  may  deem  sufificient. 
revoke  any  permission  or  license  granted  under  this  ordinance;  and 
it  is  specially  ordained  and  declared  that  all  such  permits  and  licenses 
granted  in  accordance  with  the  provisions  of  this  ordinance,  although 
granted  for  the  nominal  term  of  one  year,  are  held  at  the  pleasure  oi 
said  City  Council. 

Section  11.  An  ordinance  entitled  "An  Ordinance  Regulating  the 
Removal  of  Buildings  in  Public  Streets  and  Places,"  approved  Novem- 
ber 18,  1891,  is  hereby  repealed. 

Section  12.  This  ordinance  shall  lake  effect  immediately  upon 
its  approval. 

(Approved  September  30,  1892.     Vol.  4,  p.  288.) 


ORDINANCE  No.  1869. 


AN   ORDINANCE   REGULATING   THE    HEIGHT   OF   AWN- 
INGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  to  erect  or  maintain, 
or  to  cause  or  permit  to  be  erected  or  maintained,  upon  or  over  any 
sidewalk  within  the  City  of  Oakland,  aiiy  awning  the  height  of  which 
above  such  sidewalk,  shall  be  less  than  seven  (7)  feet. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  ($100.00) 
dollars,  and  in  case  such  fine  be  not  paid,  then  by  imprisonment  in 


OF  THE  CITY  OF  OAKLAND,  CAL.  183 

the  City  Prison  at  the  rate  of  one  (i)  day  for  each  two  ($2.00)  dollars 
of  the  fine  so  imposed  and  remaining  unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  Feb.  i,  1898.    Vol.  5,  p.  228.) 


ORDINANCE  No.  1482. 


AN  ORDINANCE  TO  PROHIBIT  THE  ERECTION  OR 
MAINTENANCE  OF  WOODEN  AWNINGS  OVER  OR 
UPON  THE  SIDEWALKS  OF  A  CERTAIN  STREET  IN 
THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  erect  or  maintain  any  wooden  awning 
over  or  upon  any  sidewalk  of  such  portion  of  that  public  street  oi 
thoroughfare  situated  in  the  City  of  Oakland  and  officially  designated 
and  known  by  the  name  of  "Broadway,"  as  lies  between  the  center  line 
of  Seventh  street  and  a  point  on  said  "Broadway"  two  hundred  feet 
south  of  the  southerly  line  of  First  street. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  one  hundred  dollars;  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
dollar  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  sixty  days  from  and 
after  its  approval. 

(Approved  Dec.  16,  1892.     Vol.  4,  p.  340.) 


ORDINANCE   No.    1602. 


AN  ORDINANCE  DECLARING  AND  DETERMINING  THE 
GENERAL  SPECIFICATIONS  FOR  THE  CONSTRUC- 
TION OF  PIPE  SEWERS,  MANHOLES.  LAMPHOLES, 
CATCH  BASINS  AND  FLUSH  TANKS  IN  THE  CITY  OF 
OAKLAND. 


l84  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland^  as  follows. • 

Section  I.  The  general  specifications  for  the  construction  of  pip" 
sewers,  manholes,  lamp  holes,  catch  basins  and  flush  tanks  shall  be, 
and  are  hereby,  determined  to  be  as  follows: 

(Excavation.) 

Section  2,  Article  i.  The  ground  shall  be  excavated  in  open 
trenches,  no  tunneling  to  be  allowed  except  by  special  permission  of 
the  proper  official. 

Article  2.  The  width  of  trench  from  top  to  bottom  shall  be  eight 
inches  wider  on  each  side  than  the  exterior  diameter  of  the  pipe. 

Article  3.  The  sides  of  trench  shall  parallel  to,  and  at  an  equal 
distance  on  each  side  of  the  center  line  of  sewer  as  surveyed  by  the 
City  Engineer  or  his  Deputy. 

Article  4.  The  bottom  of  trench  shall  be  graded  to  the  exact 
grade,  which  shall  be  obtained  by  measuring  with  a  rod  from  a  fine 
string  drawn  tightly,  parallel  with  the  grade,  to  the  bottom  grade  for 
the  outside  of  pipe;  said  string  to  be  stretched  between  grade  planks, 
which  shall  be  at  least  two  inches  thick;  said  planks  to  be  laid  level 
and  at  right  angles  across  trench  from  grade  stakes  set  by  the  City 
Engineer. 

Article  5.  Crosscuts  deep  enough  to  receive  the  sockets  of  pipes 
shall  be  cut  in  the  bottom  of  trench  so  the  pipe  will  not  rest  on  the 
sockets  or  collars. 

Article  6.  The  sides  of  trench  shall  be  supported  with  suitable 
planking  and  bracing  whenever  necessary. 

Article  7.  Where  the  trench  is  in  rock  the  excavation  must  be 
six  inches  below  grade;  and  the  bottom  brought  to  grade  with  earth 
well  rammed. 

Article  8.  Whenever  the  bottom  of  the  trench  comes  in  mud  or 
quicksand,  the  bottom  must  be  made  solid  by  replacing  the  mud  or 
quicksand  with  earth  or  sand,  or  by  plank  or  timber,  sufficient  to 
ensure  a  firm  foundation. 

Article  Q.  Where  there  is  macadam  on  the  line  of  excavation  the 
rock  shall  be  kept  in  separate  piles  from  the  earth,  and  in  refilling 
the  macadam  must  be  handled  with  a  close-tined  fork,  separating  the 
fine  rock  from  the  coarse  rock.  The  coarse  rock  shall  be  replaced 
first  and  the  fine  rock  placed  oh  top.  The  rock  must  then  be  rolled 
with  a  roller  of  at  least  four  tons  weight. 

(Plpe.^ 

Article  10.  The  pipes  shall  be  designated  by  their  interior 
diameter.  They  shall  be  of  the  best  quality  of  vitrified  iron-stone, 
with  sockets  thoroughly  burned  and  free  from  cracks  or  other  defects. 


OF  THE  CITY  OF  OAKLAND,  CAL.  185 

Article  11.  The  pipe  shall  be  thoroughly  glazed  on  exteroir  and 
interior  surfaces. 

Article  12.  The  pipe  shall  not  vary  from  a  true  cylinder  more 
than  one-twelfth  (1-12)  of  an  nich  for  each  three  (3)  inches  of  diameter 
of  pipe. 

Article  13.  The  thickness  of  pipe  shall  be  no  less  than  the  fol- 
lowing: 

For  six  inches  diameter  ^  of  an  inch, 
for  eight  inches  diameter  ^  of  an  inch. 
For  ten  inches  diameter  ^  of  an  inch. 
For  twelve  inches  diameter  %  of  an  inch. 
For  fourteen  inches  diameter  one  inch. 
For  sixteen  inches  diameter  i]/^  inches. 
For  eighteen  inches  diameter  1%.  inches. 
For  twenty  inches  diameter  i^  inches. 
For  twenty-two  inches  diameter  i^  inches. 
For  twenty- four  inches  diameter  V/^  inches. 

Article  14.  All  pipe  before  being  laid  shall  be  examined  by  the 
Superintendent  of  Construction.  The  pipe  must  be  of  the  proper 
dimensions,  must  be  straight,  musi  be  free  from  cracks,  must  be 
thorouglily  glazed,  as  required  by  Article  II.  All  lumps  and  scales 
must  be  scraped  off  from  the  inner  surface  with  a  trowel  or  other  in- 
strument by  the  contractor  before  the  pipe  is  brought  near  the  trench. 

(Laying  Pipe.) 

Article  15.  The  pipe  must  be  sounded  for  cracks,  which  will  not 
be  allowed  in  the  work.  All  pipes  must  be  fitted  together  and  matched 
before  being  lowered  into  the  trench,  so  as  to  secure  the  truest  line 
possible  on  the  bottom  of  the  interior  of  the  pipes.  They  must  be 
marked  when  in  this  position  and  laid  in  the  trench  as  marked. 

Article  16.  Each  pipe  must  lie  on  the  grade  of  trench  and  the 
spigot  end  be  bedded  in  the  cement  mortar  in  the  socket  of  the  pipe 
previously  laid;  said  cement  mortar  to  extend  around  the  inside  01 
said  socket  on  the  lower  half  of  the  circle.  Care  must  be  taken  that 
the  lower  inside  surfaces  of  the  pipes  are  flush  or  even. 

Article  17.  The  outsides  of  sockets  must  be  bedded  also  in 
mortar  laid  in  the  crosscuts  previously  cut  in  the  trench. 

Article  18.  The  pipe  must  be  pressed  along  into  the  socket  so 
that  the  spigot  end  will  be  at  most  one-fourth  inch  from  the  shoulder 
of  the  socket.  After  the  pipe  is  properly  on  grade  and  line  the  socket 
of  the  preceding  pipe  must  be  filled  all  around  with  cement  mortar 
and  pressed  in  with  the  hand-filling  mortar  flush  with  outside  of 
socket  and  one  inch  on  body  of  entering  pipe. 


i86  GENERAI,  MUNICIPAL  ORDINANCES 

Article  19.  As  soon  as  the  pipe  is  laid  and  cemented,  fine  earth, 
gravel  or  sand  must  be  pressed  under  the  sides  of  the  pipe  and  halt 
way  up  the  sides  of  the  pipe  before  the  next  pipe  is  laid. 

Article  20.  After  the  pipe  is  m  place  the  joint  inside  must  be 
scraped  with  a  circular  disc  or  swab  to  remove  any  surplus  cement 
and  to  smooth  the  joint  inside  or  a  sack  filled  with  straw,  to  fit  the 
pipe  closely  and  with  a  rope  attached  to  pull  the  sack  through  each 
joint  as  it  is  laid,  may  be  used. 

Article  21.  Any  pipe  which  has  been  disturbed  after  the  cement 
has  set  must  be  taken  up,  the  joints  cleaned  and  relaid  with  new  cement 
mortar. 

Article  22.  No  part  of  the  sewer  shall  be  laid  in  water,  nor  any 
water  allowed  in  or  around  the  pipe  until  the  cement  has  set  and 
the  pipe  is  covered  with  at  least  one  foot  of  earth.  The  contractor 
must  provide  a  pump  or  other  means  of  keeping  water  from  the 
work. 

(Cement  Mortar.) 

Article  2^.  The  cement  mortar  shall  be  composed  of  the  best 
quality  of  fresh  Portland  cement  mixed  dry  with  clean ^  sharp  sand  in 
the  proportion  of  one  part  of  cement  to  two  parts  of  sand;  after  being 
thoroughly  mixed,  water  enough  to  be  added  to  admit  of  stirring.  No 
mortar  which  has  been  standing  over  one  hour  to  be  used. 

Article  24.     No  lime  or  lime  mortar  allowed  in  or  about  the  work. 

(Refilling.) 

Article  25.  After  the  pipes  have  been  properly  laid  the  space 
above  the  center  of  pipe  and  between  them  and  the  sides  shall  be  filled 
with  fine  earth  or  sand,  both  sides  being  filled  at  the  same  time 
and  carefully  tamped  with  small  iron  tampers  so  as  not  to  jar  or  dis- 
turb the  pipe.  But  no  filling  shall  be  done  until  the  work  has  been 
inspected  and  approved  by  the  proper  officer  whose  duty  it  is  to  in- 
spect and  approve  the  same.  After  the  filling  is  made  as  above  to  a 
height  of  eighteen  (18)  inches  above  the  top  of  pipe  the  trench  may  be 
filled  and  settled  with  water.  If  water  cannot  be  obtained,  the  filling 
shall  be  filled  in  layers  of  earth  and  sand  of  not  more  than  one  (i) 
foot  in  thickness,  spread  evenly  and  tamped  thoroughly  on  each  layer. 

(Y  Branches.) 

Article  26.  Y  branches  only  shall  be  used  for  the  side  connect 
ions  which  shall  be  constructed  at  such  places  as  may  be  called  for  in 
the  Order  of  Work.  The  openings  in  the  Y  branches  shall  be  closed 
with  terra  cotta  covers  where  they  are  not  used  before  filling  the 
sewer,  said  Y  branches  to  be  laid  and  cemented  in  the  same  manner 
as  the  main  pipes;  the  covers  in  branches  to  have  the  joints  puttied 


OF  THE  CITY  OF  OAKLAND,  CAL.  187 

with  cement  mortar  on  the  outside  only.  Each  Y  branch  shall  have 
a  stake  immediately  over  it  in  the  ditch,  the  stake  to  be  driven  in  the 
side  of  the  ditch  near  the  surface,  the  stake  to  be  three  inch  by  four 
inch  redwood,  by  two  feet  long. 

(Manholes.) 

Article  2T  Manholes  shall  be  constructed  along  the  line  of  the 
sewers  at  such  places  as  may  be  designated  in  the  Order  of  Work. 
They  shall  be  constructed  of  hard  bricks  laid  in  cement  mortar.  No 
bats  or  ill-shaped  bricks  to  be  allowed.  The  bottom  shall  be  of 
brick  or  concrete.  The  thickness  of  the  wall  shall  be  eight  inches. 
The  bottom  shall  be  elliptical  in  form,  three  by  four  feet  in  the 
clear,  drawing  to  a  circle  at  the  top  of  the  brick  work.  Particular 
care  must  be  taken  in  forming  the  bottom  of  manholes  to  make  the 
curves  of  tributary  sewers  as  easy  as  possible.  The  top  shall  be  cov- 
ered with  perforated  cast-iron  cover  with  dust  pan  underneath.  The 
manhole  shall  conform  in  all  respects  to  the  detail  drawing  filed  with 
plans.  If  the  brick  ventilating  form  be  used  it  shall  conform  to  the 
plan  now  on  file  in  the  office  of  the  City  Clerk,  and  the  fine  shall  be 
filled  with  charcoal  of  the  proper  quality  and  size  and  cover  cemented 
on. 

Article  28.  Whenever  the  ground  is  too  soft  for  the  foundation, 
the  manhole  is  to  be  laid  on  a  two  (2)  inch  redwood  floor,  full  size 
of  manhole  outside. 

Article  29.  Walls  of  manholes  to  be  such  that  a  vertical  section 
will  show  a  straight  line  from  the  bottom  to  the  top  of  the  interior 
surface. 

Article  30.  All  brick  shall  be  thoroughly  sprinkled  with  water 
immediately  before  laying  and  shall  be  laid  in  cement  mortar  com- 
posed of  one  part  cement  to  three  parts  clean,  sharp  sand. 

Article  31.  The  surfaces  of  manholes  shall  be  plastered  with 
cement  mortar  one-half  inch  thick,  composed  of  one  part  cement  to 
one  part  clean,  sharp  sand.  The  surface  of  the  walls  to  be  brushed 
clean  and  smooth  after  applymg  the  cement  plaster. 

.A.rticle  32.  Whenever  the  manhole  is  above  the  surface,  as  in 
the  case  of  a  street  which  is  below  the  official  grade,  the  outside  ot 
manhole  above  the  surface,  to  be  plastered  same  as  the  inside. 

(Lamp  Holes. 

Article  zi-  Lamp  holes  shall  be  constrticted  by  placing  an 
8-inch  T  branch  vertically  in  the  sewer  and  bringing  it  up  near  to 
the  street  surface,  by  adding  pipes  of  the  same  diameter,  the  pipes  to 
be  connected  and  laid  with  the  same  care  as  in  the  sewer.  The  top 
shall  be  protected  by  a  suitable  cover  and  the  lamp  hole  constructed 


i88  GENERAL  MUNICIPAL  ORDINANCES 

in  all  respects  to  conform  to  the  detailed  drawing  furnished  with 
plans.  If  the  iron  ventilating  form  be  used,  it  shall  conform  in  all 
respects  to  the  plan  on  file  in  the  office  of  the  City  Clerk  and  shall 
be  constructed  with  the  same  care  and  attention  to  detail  as  the  rest 
of  the  work.  The  flue  shall  be  filled  with  charcoal  of  the  proper 
quality  and  size,  and  the  cover  cemented  in. 

(Flush  Tanks  ) 

Article  34.  Flush  tanks  shall  be  constructed  of  hard-burned 
brick  carefully  laid  in  cement  mortar,  so  as  to  be  water  tight.  For 
kiitd,  form,  size  and  details,  see  drawings  furnished  with  plan  of  work. 
The  water  supply  pipe  within  the  flush  tank  and  extending  through 
the  wall  and  one  foot  outside,  together  with  suitable  brass  stop-cocks 
for  regulating  the  water  supply,  shall  be  furnished  by  the  contractor. 
The  flush  tanks  shall  be  constructed  in  the  positions  designated  on 
the  plan  of  work. 

(Catch  Basins.) 

Article  35.  Catch-basins  shall  be  constructed  in  all  respects  in 
conformity  with  the  detailed  drawings  accompanying  the  plan  ot 
work  and  built  in  the  position  designated  on  plan.  Brick  work  to  be 
of  the  same  character  as  that  for  manholes.  If  the  ventilating  form  be 
used  they  shall  be  constructed  to  conform  in  all  respects  with  the 
plan  on  file  in  the  office  of  the  City  Clerk  and  the  supplemental  flue 
shall  be  filled  with  charcoal  of  proper  size  and  quality,  in  the  same 
manner  as  for  ventilating  manholes. 

(General  Provisions.) 

Article  36.  Whenever  the  word  cement  is  used  in  these  specifi- 
cations the  best  quality  of  fresh  Portland  cement  is  to  be  understood, 
subject  to  the  approval  of  the  City  Engineer  and  the  Superintendent 
of  Streets.     Lumpy  cement  must  be  rejected. 

Article  yj-  All  lumber  that  may  be  used  in  securing  a  founda- 
tion, shall  be  black  heart  redwood. 

Article  38.  All  rejected  material  must  be  at  once  removed  from 
the  street. 

Article  39.  All  water  and  gas  pipes  to  be  properly  supported 
where  crossing  or  lying  along  the  trench. 

Article  40.  All  work  done  and  material  furnished  to  be  under 
the  direction  of  and  satisfactory  to  the  Superintendent  of  Streets  and 
the  City  Engineer  of  the  City  of  Oakland,  in  their  respective  capacities 
as  provided  by  law. 

Article  41.  All  work  is  to  be  done  in  a  skillful  and  workmanlike 
manner,  and  in  strict  accordance  with  the  true  intent  and  meaning 


OF  THE  CITY  OF  OAKLAND,  CAL.  189 

of  the  specifications;  and  such  additional  specifications  as  may  be  neces- 
sary to  cover  special  matters  and  unusual  cases,  shall  be  included  in 
the  Order  of  Work  whenever  demanded. 

Section  3.    This  ordmance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  Apr.  14,  1894.    Vol.  4,  p.  543.) 


ORDINANCE  No.   1609. 


AN  ORDINANCE  IMPOSING  A  GROUND  RENTAL  OF  $2.50 
PER  ANNUM  FOR  EACH  TELEGRAPH  OR  TELE- 
PHONE POLE  ERECTED  OR  USED  BY  TELEGRAPH, 
TELEPHONE  OR  RAILROAD  COMPANIES  IN  THE 
STREETS,  ALLEYS  OR  PUBLIC  PLACES  OF  THE 
CITY  OF  OAKLAND,  AND  PROVIDING  FOR  THE 
PAYMENT  AND  COLLECTION  THEREOF;  AND  RE- 
QUIRING ALL  SUCH  COMPANIES  USING  POLES  IN 
THE  STREETS,  ALLEYS  OR  PUBLIC  PLACES  OF 
SAID  CITY  TO  KEEP  $50  ON  DEPOSIT  WITH  THE 
CITY  TREASURER,  SUBJECT  TO  THE  ORDER  OF 
THE  BOARD  OF  PUBLIC  WORKS,  TO  PAY  FOR  CER- 
TAIN REPAIRS  TO  SAID  STREETS.  ALLEYS  OR  PUB- 
LIC PLACES,  AND  PROVIDING  FOR  THE  ENFORCE- 
MENT THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  From  and  after  the  first  day  of  July,  1894,  every 
telegraph,  telephone  or  railroad  company  doing  business  in  the  City 
of  Oakland  shall  pay  to  said  city  for  the  privilege  of  using  the  streets, 
alleys  and  public  places  thereof,  the  sum  of  $2.50  per  annum  for  each 
and  every  telegraph  or  telephone  pole  erected  or  used  by  it  in  the 
streets,  alleys  or  public  places  of  said  city. 

Section  2.  Every  such  telegraph,  telephone  or  railroad  company 
shall  deposit  with  the  City  Auditor  on  the  first  day  of  June  of  each 
year,  a  verified  statement  showing  the  number  of  poles  erected  or 
used  by  it  in  the  streets,  alleys  or  public  places  of  said  city  since  the 
first  day  of  July  next  prior  thereto. 


igo  GENERAL  MUNICIPAL  ORDINANCES 

Section  3.  The  Auditor  shall  copy  and  record  said  statement  in  a 
book  kept  by  him  for  that  purpose  and  shall  then  file  the  same  with 
the  City  Clerk.  It  shall  be  the  duty  of  the  Auditor  to  ascertain  the 
correctness  of  said  statement,  or  if  none  be  deposited  with  him,  he 
shall  ascertain  the  facts  desired  from  such  a  statement.  II  the  state- 
ment be  correct,  the  Auditor  shall  furnish  a  memorandum  of  its  con- 
tents to  the  City  Treasurer.  If  it  be  incorrect,  or  if  no  statement  shall 
have  been  deposited  with  the  Auditor  as  herein  provided,  the  n/em- 
orandum  shall  be  in  conformity  to  the  facts  as  ascertained  by  him. 

Section  4.  If  any  telegraph,  telephone  or  railroad  company  shall 
fail  to  deposit  the  statement  as  required  by  Section  2  hereof,  or  shall 
report  therein  a  less  number  of  poles  than  is  required  by  said  Section 
2,  the  Auditor  shall  set  forth  such  facts  in  the  said  memorandum,  and 
the  Treasurer  shall  collect  from  such  company,  at  the  same  time  with 
the  payment  provided  for  in  Section  i  hereof,  the  sum  of  fifty  cents 
additional  for  each  pcle  of  such  company  failing  to  report,  or  if  re- 
porting^ omitted  from  its  statement. 

Section  5.  The  payments  provided  for  in  Sections  i  and  4  hereof, 
shall  be  made  to  the  City  Treasurer  between  the  tenth  day  and  the 
twentieth  day  of  June  of  each  year,  and  shall  be  placed  by  him  in  the 
General  Fund  and  shall  correspond  in  amount  with  the  memorandum 
furnished  by  the  Auditor. 

Section  6.  In  case  default  is  made  in  any  payment  as  provided  by 
this  ordinance,  the  Trea.^urer  shall  at  once  notify  the  City  Attorney 
of  that  fact,  who  shall  immediately  commence  and  conduct  necessary 
proceedings  in  ihe  proper  court  in  behalf  of  the  city  for  the  collection 
of  the  amount  remaining  unpaid. 

Section  7.  Every  such  telegraph,  telephone  or  railroad  company 
shall  keep  on  deposit  with  the  City  Treasurer  the  sum  of  $50.00,  sub- 
ject to  the  order  of  the  Board  of  Public  Works,  to  be  used  by  said 
Board  in  restoring  any  sidewalk,  gutter,  street,  alley  or  public  place 
injured  or  displaced  in  the  erection,  alteration,  repair  or  removal  of 
any  pole  of  such  company,  when  such  company  refuses  or  fails  to 
make  such  restoration  to  the  satisfaction  of  the  Superintendent  of 
Streets.  Any  company  failing  to  make  such  deposit  within  thirty  days 
after  the  approval  of  this  ordinance,  or  within  five  days  after  com- 
mencing business,  if  a  new  company,  or  which  shall  fail  to  make  good 
the  amount  when  any  portion  of  it  has  been  expended  as  herein  pro 
vided,  within  five  days  after  notice  to  such  company  by  the  said  Super- 
intendent, shall  be  prohibited  from  erecting,  altering,  repairing  or 
removing  any  pole  m  any  street,  alley  or  public  place  until  such  de- 
posit has  been  made  as  provided  herein. 

Section  8.  Any  person,  firm  or  corporation,  or  any  employee  or 
officer  of  any  firm  or  corporation,  who  shall  erect,  alter,  repair  or 
remove,  or  who  shall  attempt  to  erect,  alter,  repair  or  remove  any 
pole  in  any  street,  alley  or  public  place  in  this  city  in  violation  of  the 


OF  THE  CITY  OF  OAKLAND,  CAh.  191 

provisions  of  Section  7  of  this  ordinance,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  a  sum  not  ex- 
ceeding $250.00,  and  in  case  said  fine  be  not  paid,  then  by  imprison- 
ment in  the  City  Prison  at  the  rate  of  one  day  for  each  two  dollars 
so  imposed  and  remaining  unpaid. 

Section  9  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  approval. 

Section  10.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

(Approved  June  19,  1894.     Vol.  4,  p.  559.) 


ORDINANCE  No.  1617. 


AN  ORDINANCE  PROHIBITING  THE  USE  WITHIN  THE 
LIMITS  OF  THE  CITY  OF  OAKLAND  OF  ANY  CART. 
WAGON  OR  OTHER  VEHICLE  FOR  THE  PURPOSE 
OF  CARRYING  SAND,  EARTH  OR  ROCK  ON  OR 
OVER  THE  PUBLIC  STREETS  OF  THE  SAID  CITY 
UNLESS  THE  SAME  IS  TIGHT  AND  SO  CON- 
STRUCTED AS  TO  PREVENT  THE  DEPOSIT  OF 
SUCH  SAND,  EARTH  OR  ROCK,  IN  WHOLE  OR  IN 
PART,  IN  OR  UPON  THE  PUBLIC  STREETS 
THROUGH  WHICH  SAID  CART,  WAGON  OR 
VEHICLE  MAY  BE  DRIVEN. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  persoti 
to  use  within  the  limits  of  the  City  of  Oakland  any  cart,  wagon  or 
other  vehicle  for  the  purpose  of  carrying  sand,  earth  or  rock  on  or 
over  the  public  streets  of  the  said  city,  unless  the  same  is  tight  and  so 
constructed  as  to  prevent  the  deposit  of  such  sand,  earth  or  rock,  m 
whole  or  in  part,  in  or  upon  the  public  street  through  which  said  cart, 
wagon  or  vehicle  may  be  driven. 

Section  2.  Any  person  violating  any  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars,  and 
in  case  said  fine  be  not  paid,  then  the  person  so  fined  may  be  im- 
prisoned in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 


192  GENERAL  MUNICIPAL  ORDINANES 

Section  3.    This  ordinance  shall  take  efifect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  July  3,  1894.     Vol.  4,  p.  572.) 


ORDINANCE  No.  1626. 


AN  ORDINANCE  TO  PREVENT  THE  OBSTRUCTION  OF 
SIDEWALKS  BY  WEEDS,  GRASS  AND  OTHER  VEGE- 
TABLE GROWTHS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person 
having  the  control,  possession  or  ownership  of  any  lot  of  land  within 
the  limits  of  the  City  of  Oakland,  to  permit  or  allow  the  sidewalk  in 
front  of  said  lot  of  land  to  become  obstructed  by  weeds,  grass  or  other 
vegetable  growth  in  such  manner  as  to  deface  the  sidewalk,  impede 
travel  or  menace  the  public  safety  in  the  matter  of  fire. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars;  and  in 
case  said  fine  be  not  paid,  then  the  person  so  fined  may  be  imprisoned 
in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  efifect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  September  8,  1894.    Vol.  4,  p.  598.) 


ORDINANCE  No.  1683. 


AN  ORDINANCE  REQUIRING  EVERY  PERSON,  COM- 
PANY OR  CORPORATION  OWNING,  CONTROLLING 
OR  USING  TELEGRAPH  OR  TELEPHONE  POLES 
LOCATED  IN  ANY  PUBLIC  ALLEY,  STREET  OK 
PLACE  WITHIN  THE  LIMITS  OF  THE  CITY  OF  OAK- 
LAND, TO  NUMBER  SUCH  POLES  AND  TO  HAVE 
THE  NAME  OF  THE  OWNER  OR  OWNERS  THEREOF 
PAINTED  ON  SAID  POLES  AND  PROVIDING  A  PEN- 
ALTY FOR  VIOLATION  OF  THE  PROVISIONS 
THEREOF. 


OF  THE  CITY  OF  OAKLAND,  CAL.  193 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  From  and  after  the  first  day  of  June,  1895,  every  per- 
son, company  or  corporation  owning,  controlling  or  using  telegraph 
or  telephone  poles  located  in  any  public  alley,  street  or  place  withm 
the  limits  of  the  City  of  Oakland,  shall  number  in  consecutive  num- 
bers, beginning  with  the  number  one,  with  colored  paint,  in  numer- 
icals  not  less  than  three  and  one-half  inches  long,  each  and  every 
such  pole  owned,  used  or  controlled  by  such  person,  company  or 
corporation,  and  shall  paint  on  each  one  of  said  poles  in  colored  paint 
in  letters  not  less  than  one  and  one-half  inches  in  length,  the  name 
of  the  owner  or  owners  of  such  pole.  The  said  numbers  and  names 
shall  be  painted  not  less  than  three  nor  more  than  seven  feet  above 
the  surface  of  the  ground  or  other  substance  in  which  such  poles  are 
placed. 

Section  2.  If  any  person,  company  or  corporation  shall  refuse 
or  neglect  to  paint  the  number  or  owner's  name  upon  any  pole  as 
required  in  Section  i  of  this  ordinance^  it  shall  be  the  duty  of  the 
Chief  of  Police  of  the  City  of  Oakland  to  notify  the  City  Council  ot 
the  fact  of  such  refusal  or  neglect 

Section  3.  Any  person,  company  or  corporation  violating  any 
provision  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed  one 
hundred  dollars  for  every  such  telegraph  or  telephone  pole  belonging 
to  or  controlled  or  used  by  such  person,  company  or  corporation  not 
so  numbered  and  named. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  the  date  of  its  passage  and  approval. 

("Approved  June  6,  1895.    Vol.  4,  p.  686.) 


ORDINANCE   No.   1704. 


AN  ORDINANCE  TO  REGULATE  THE  USE  OF  THAT  POR- 
TION OF  THE  BOULEVARD  ALONG  THE  EASTERN 
SHORE  OF  LAKE  MERRITT  EXTENDING  FROM  THE 
EAST  LINE  OF  TWELFTH  STREET.  TO  THE  JUNC- 
TION OF  EAST  EIGHTEENTH  STREET  AND  ATHOL 
AVENUE,  IN  THE  CITY  OF  OAKLAND,  AND  TO  PRE- 
VENT INJURY  THERETO  BY  THE  DRIVING 
THEREON  OF  HEAVILY  LOADED  VEHICLES. 


194  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  drive  or  place  or  cause  to  be  driven  or  placed,  any  truck,  can, 
wagon  or  vehicle,  loaded  with  or  carrying  wood,  hay,  grain,  coal, 
iron,  rock,  earth,  merchandise  or  other  freight,  upon  that  certain 
street  known  as  the  boulevard,  extending  from  the  east  line  ol 
Twelfth  street,  to  the  junction  of  East  Eighteenth  street  and  Athol 
avenue,  carrying  a  greater  weight  than  one  thousand  pounds  in  one 
load. 

Section  2.  Any  person^  firm  or  corporation  who  violates  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  and  in  case  said  fine  be  not  paid,  then  the  person  or  persons 
so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oak- 
land at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  so  Imposed 
and  remaining  unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  passage  and  approval. 

(Approved  September  24,  1895.    Vol.  4.  p.  718.) 


ORDINANCE  No.  1729. 


AN  ORDINANCE  PROVIDING  FOR  T^E  POSTING  OF 
THE  NAMES  OF  THE  STREETS,  AVENUES,  PUBLIC 
PLACES,  AND  THOROUGHFARES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows : 

Section  i.  The  name  of  each  street,  avenue  and  thoroughfare  in 
the  City  of  Oakland  shall  be  placed  on  one  corner  of  each  crois 
street  or  avenue.  The  placing  of  names  on  public  places  shall  be 
under  the  direction  of  the  Board  of  Public  Works. 

Section  2.  The  regulation  sign  shall  be  a  redwood  board,  one 
inch  thick  by  four  inches  wide  and  eighteen  inches  long,  painted 
black  with  white  letters  or  figures,  or  a  metallic  sign  with  white 
enamel  letters  or  figures. 

Section  3.  It  shall  be  the  duty  of  the  Superintendent  of  Streets 
to  attend  to  the  placing  of  signs  as  herein  provided. 


OF  THE  CITY  OF  OAKLAND,  CAIv.  195 

Section  4.    This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  Feb.  21,  1896.    Vol.  5,  p.  30.) 


ORDINANCE  No.  1752. 


AN  ORDINANCE  DECLARING  AND  DETERMINING  THE 
GENERAL  SPECIFICATIONS  FOR  THE  CONSTRUC- 
TION OF  PRIVATE  OR  SIDE  SEWERS  IN  THE  CITY 
OF  OAKLAND. 

Be  it  Ordained  by  the  Comicil  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  general  specifications  for  the  construction  of 
private  or  side  sewers  shall  be  and  are  hereby  determined  to  be  as 
follows: 

Section  2 — (Excavation) — ^^Article  i.  The  ground  shall  be  ex- 
cavated in  open  trenches,  no  tunneling  to  be  allowed  except  by  special 
permission  of  the  Inspectors. 

Article  2.  Crosscuts  deep  enough  to  receive  the  sockets  of  pipes 
shall  be  cut  in  the  bottom  of  trench  so  the  pipe  will  not  rest  on  the 
sockets  or  collars. 

Article  3.  The  pipes  and  fittings  shall  be  designated  by  their 
interior  diameter.  They  shall  be  of  the  best  quality  of  vitrified  iron- 
stone,  with  sockets,  thoroughly  burned  and  free  from  cracks  or  other 
defects. 

Article  4.  The  pipe  and  fiittings  shall  be  thoroughly  glazed  on 
exterior  and  interior  surfaces.  All  pipe  before  being  laid  shall  be 
examined  by  the  Sanitary  Inspectors.  The  pipe  must  be  of  the  proper 
dim^ensions,  straight  and  free  from  cracks.  All  lumps  and  scales 
must  be  scraped  off  from  the  inner  surface  with  a  trowel  or  other 
instrument  by  the  contractor  before  the  pipe  is  brought  near  the 
trench. 

Article  5.  The  pipe  must  be  pressed  along  into  the  sockets  so 
that  the  spigot  end  will  be  at  most  one-fourth  inch  from  the  shoulder 
of  the  socket.  After  the  pipe  is  properly  on  grade  and  line  the  socket 
of  the  preceding  pipe  must  be  filled  all  around  with  cement  mortar 
and  pressed  in  with  the  hand,  filling  mortar  flush  with  outside  of 
socket  and  one  inch  on  body  of  entering  pipe. 


196  GENERAL  MUNICIPAL  ORDINANCES 

Article  6.  As  soon  as  the  pipe  is  laid  and  cemented,  fine  earth, 
gravel  or  sand  must  be  pressed  under  the  sides  of  the  pipe  and  halt 
way  up  the  sides  of  the  pipe  before  the  next  pi^e  is  laid. 

Article  7.  After  the  pipe  is  in  place  the  joint  inside  must  be 
scraped  with  a  circular  disk  or  swab  to  remove  any  surplus  cement 
and  to  smooth  the  joint  inside. 

Article  8.  Any  pipe  which  has  been  disturbed  after  the  cement 
has  set  must  be  taken  up,  the  joints  cleaned  and  relaid  with  new 
cement  mortar. 

Article  9.  All  joints  on  said  non-stone  pipe  shall  be  made  with 
the  best  quality  of  fresh  Portland  cement  properly  mixed  with  clean, 
sharp  sand,  the  proportions  thereof  being  one  part  cement  and  two 
parts  sand,  subject  to  the  approval  of  the  Sanitary  Inspector^. 
Lumpy  cement  must  be  rejected. 

Article  10.  The  diameter  of  the  pipe  from  the  sewer  in  the  street 
to  the  property  line  must  not  be  less  than  five  (5)  inches,  except  in 
the  Golden  Gate  and  Adeline  sewer  districts,  where  four  (4)  inch 
pipe  may  be  used.  The  sewer  must  be  laid  at  a  uniform  grade 
throughout  its  entire  length  and  in  as  straight  a  line  as  possible.  All 
changes  in  direction  must  be  made  with  curved  pipes,  and  all  con- 
nections with  "Y''  branches,  and  one-eighth  or  one-sixth  bends. 
(Amendment  approved  Aug.  2"^,  1897.     Vol    5,  p.  165.) 

Article  11.  All  persons  before  connecting  with,  or  opening,  or 
penetrating  any  public  sewer  or  drain,  must  first  obtain  a  permit  in 
writing  from  the  Board  of  Health.  Every  person  constructing 
sewers  must  report  to  the  office  of  the  Board  of  Health  every  new 
sewer  in  course  of  construction  or  addition  to  a  sewer  already  laid. 
And  when  said  sewer  or  addition  is  completed  he  must  fill  the  same 
with  water  for  the  purpose  of  testing  it,  where  it  lies  within  the 
building  lines  and  report  to  said  office  when  it  is  ready  for  inspection. 
In  no  case  shall  the  sewer  be  covered  at  any  point,  either  within  or 
without  the  btiilding  lines,  until  after  the  same  has  been  inspected 
and  accepted  by  the  Inspector. 

Article  12.  Every  house  or  building  hereafter  erected  must  have 
the  house  drain  constructed  of  cast-iron,  where  it  lies  under  the  build- 
ing, and  to  extend  beyond  said  building  or  foundation  walls  not  less 
than  one  foot,  but  when  the  house  drain  is  outside  the  building  lines 
it  may  be  of  iron-stone  pipe.  The  house  drain  must  have  a  fall  of  at 
least  one-fourth  of  an  inch  to  the  foot. 

Article  13  All  work  is  to  be  done  in  a  skillful  and  workmanlike 
manner  and  in  strict  accordance  with  the  true  intent  and  meaning 
of  the  specifications. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon 
its  passage  and  approval. 

(Approved  May  22,  1896.    Vol.  5,  p.  65.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  197 

ORDINANCE   No.   1770. 


AN  ORDINANCE  DECLARING  IT  UNLAWFUL  TO  THROW 
OR  DEPOSIT  TACKS,  BROKEN  WARE  OR  GLASS 
UPON  THE  SIDEWALKS,  STREETS,  AVENUES  AND 
ALLEYS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person  to 
throw  or  deposit  tacks,  broken  ware  or  glass  upon  the  sidewalks, 
streets,  avenues  and  alleys  of  the  City  of  Oakland. 

Section  2.  Any  person  violating  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  not  exceeding  $100.00,  and  in  case  said  fine  is  not 
paid,  then  by  imprisonment  in  the  City  Prison  of  the  City  of  Oak- 
land at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  so  im- 
posed and  remaining  unpaid.  , 

Section  3.    This  ordmance  shall  take  efifect  immediately. 

(Approved  Oct.  22,  1896.    Vol.  S,  p.  94.) 


ORDINANCE   No.   1825. 


AN  ORDINANCE  REGULATING  SHADE  TREES  UPON  THE 
STREETS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  owner,  lessee  or  tenant  of  property  having  con- 
trol  of  any  premises  abutting  upon  any  public  street,  lane  or  alley 
in  the  City  of  Oakland  shall  keep  all  shade  trees  located  upon  said 
premises  trimmed  of  all  branches  or  side  limbs  growing  over  or  above 
the  sidewalk  for  a  distance  of  ten  (lo)  feet  above  said  sidewalk,  and 
all  shade  trees  located  outside  of  and  in  front  of  or  along  the  side  of 
said  premises  trimmed  as  aforesaid  for  a  distance  of  twelve  (12)  feet 
above  the  surface  of  the  street,  and  the  Superintendent  of  Streets  is 
hereby  directed  to  see  that  the  provisions  of  this  ordinance  are 
strictly  enforced. 


198  GENERAL  MUNICIPAL  ORDINANCES 

Section  2.  Any  person  violating  any  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  ($100)  dollars, 
and  in  case  said  fine,  or  any  portion  thereof,  be  not  paid,  then  the 
person  or  persons  so  fined  may  be  imprisoned  in  the  City  Prison  of 
the  City  of  Oakland  at  the  rate  of  one  (i)  day  for  every  two  (2) 
dollars  of  the  fine  so  imposed  and  remainitig  unpaid. 

Section  3.     This  ordinance  shall  take  effect  and  be  in  force  im- 
mediately upon  its  passage  and  approval. 

(.Approved  Aug.  2"]^  1897.    Vol    5,  p.  168.) 


ORDINANCE  No.  1808. 


AN  ORDINANCE  REGULATING  THE  PAVING  AND  THE 
DIGGING  UP  OR  DISTURBANCE  OF  STREETS  AND 
PUBLIC  PLACES,  FOR  THE  PURPOSE  OF  LAYING 
PIPES  AND  CONDUITS  AND  THE  RE-FILLING  OF 
EXCAVATIONS  AND  THE  REPAIR  OF  STREE  r 
SURFACES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  to  pave  or  macadamize  any  public 
street  or  place  prior  to  the  construction  of  a  main  sewer  therein;  also 
all  necessary  side  sewer  branches  which  shall  be  built  to  the  curb  line. 
Said  sewer  shall  be  built  in  accordance  with  official  plans  and  specifi- 
cations, and  under  the  supervision  required  by  law,  and  a  diagram 
showing  the  exact  location  of  all  side  branches  shall  be  kept  on  file 
in  the  office  of  the  Superintendent  of  Streets. 

Section  2.  Upon  the  passage  by  the  City  Council  of  a  Reso- 
lution of  Intention  to  improve  any  public  street  or  place  by  macadam- 
izing or  re-macadamizing  the  same  or  by  constructing  thereon  a 
pavement  of  any  description,  it  shall  immediately  become  the  duty 
of  the  Street  Superintendent  to  notify  all  persons,  firms  or  corpora- 
tions, known  to  be  exercising  the  right  and  practice  of  laying  pipes 
or  conduits  of  any  description  in  the  public  streets  or  places,  to  lay 
all  main  pipes  or  conduits,  also  all  lateral  or  service  .connections 
needed  for  present  or  future  use,  to  the  inner  curb  line  of  the  street, 
and  to  repair  all  existing  pipes  in  any  public  street  or  place  to  be 
so  improved,  within   twenty    (20)   day.s  from   date   of  notice;  and  it 


OF  THE  CITY  OF  OAKLAND,  CAL.  199 

shall  also  be  the  duty  of  the  Superintendent  of  Streets  to  notify  all  the 
owners  of  property  upon  the  line  of  the  street  or  place  to  be  im- 
proved to  make  all  sewer  connections  needed  for  present  or  future 
use  to  the  inner  curb  line  in  front  of  their  property,  within  thirty 
(30)  days  from  date  of  notice. 

Section  3.  After  a  Resolution  of  Intention  has  been  passed  by 
the  City  Council  to  pave,  re-pave,  macadamize  or  re-macadamize  any 
public  street  or  place,  all  persons,  firms  and  corporations  and  prop- 
erty-owners shall,  upon  notice  from  the  Superintendent  of  Streets, 
lay  all  main  and  lateral  pipes  or  conduits  needed  for  present  or  future 
use,  within  the  time  specified  in  said  notice. 

Section  4.  After  the  expiration  of  the  time  stated  in  the  notice 
served  by  the  Street  Superintendent^  to  any  person,  firm  or  corpora- 
tion to  lay  sewer,  gas  and  water  pipes,  telephone  or  electric  wire 
conduits,  no  permits  shall  be  granted  by  the  Secretary  of  the  Board 
of  Public  Works  to  any  of  said  parties  to  lay  pipes  or  conduits  ot 
any  description,  between  the  curb  lines  of  any  of  the  public  streets 
or  places  which  are  paved,  re-paved,  macadamized  or  re-macadam- 
ized  subsequent  to  the  passage  and  approval  of  this  ordinance  unless 
s.aid  parties  shall  first  deposit  with  the  Secretary  of  the  Board  of 
Public  Works  the  sum  of  twenty-five  cents  (25c)  per  square  foot  of 
street  surface  to  be  disturbed,  which  money  shall  be  paid  by  said 
Secretary,  immediately  after  its  receipt  by  him,  into  the  City  Treas- 
ury, and  there  held  as  a  special  fund  to  be  used  for  the  repair  ot 
streets  disturbed  under  the  provisions  of  this  ordinance,  and  all 
warrants  drawn  by  the  City  Auditor  upon  the  City  Treasury  for  sucii 
work  for  repairs  of  streets  shall  be  drawn  upon  the  said  fund  which  is 
hereby  designated  as  "Street  Repair  Fund." 

A  diagram  showing  the  location  and  extent  of  the  proposed  exca- 
\  ation  shall  be  filed  with  the  Secretary  of  the  Board  of  Public  Works, 
by  any  person  applying  for  a  permit  to  disturb  any  street  or  place 
within  the  provisions  of  this  Section  (4)  of  this  ordinance. 

Section  5.  All  excavations  in  streets  now  or  hereafter  improved 
with  bituminous  rock,  asphalt,  wood  blocks  or  vitrified  brick  laid  on 
concrete  foundation,  shall  be  re-filled  with  special  care  with  a  view- 
to  prevent  settlement  of  the  back  filling^  and  the  excavation  shall 
be  covered  with  a  layer  of  Portland  cement  concrete  at  least  six  inches 
thick,  which  shall  have  a  bearing  of  at  least  twelve  (12)  inches  on 
undisturbed  ground  on  each  side  of  the  trench.  The  concrete  shall 
consist  of  one  part  good  Portland  cement,  three  parts  clean,  sharp 
sand  and  five  parts  of  two  inch  broken  stone,  watered,  mixed  and 
tamped  to  the  satisfaction  of  the  Street  Superintendent  or  his  In- 
spector, and  maintained  free  from  disturbance  for  at  least  five  days, 
before  being  covered  with  the  wearing  surface  of  the  pavement, 
which  in  all  cases  shall  be  of  the  same  kind  of  material,  but  of  best 
quality  and  equal  in  quantity,  and  laid  on  the  same  elevation  through- 


200  GENERAL.  MUNICIPAL  ORDINANCES 

out,  as  the  original  pavement  existed  before  disturbed.  If  required 
by  the  Street  Superintendent,  the  wearing  surface  of  the  pavement 
in  such  case  shall  be  composed  of  entirely  new  materials,  which 
shall  be  laid  in  accordance  with  the  official  specifications  for  such 
pavement. 

Section  6.  All  persons,  firms  or  corporations  who  may  make 
excavations  in  any  public  street  or  place  under  the  provisions  of  this 
ordinance,  shall  in  case  of  opening  a  street  having  a  concrete  founda- 
tion notify  the  Superintendent  of  Streets  in  writing,  at  least  twenty- 
four  hours  before  the  day  in  which  said  persons,  firms  or  corporations 
are  to  re-fill  said  street,  whereupon  at  the  time  stated  in  said  notice, 
the  Superintendent  of  Streets  shall  provide  an  Inspector  to  super- 
intend the  execution  of  the  work,  whose  compensation  shall  not  ex- 
ceed $3.00  per  day,  which  compensation  shall  be  paid  in  full  by  the 
person,  firm  or  corporation  doing  said  work.  The  said  parties  so 
re-filling  said  excavation  shall  at  the  time  of  the  notice  to  the  Street 
Superintendent  deposit  with  him  the  sum  of  $50.00.  or  such  other 
less  sum  as  the  Street  Superintendent  may  require,  and  upon  the 
satisfactory  completion  of  the  work,  the  said  Street  Superintendent 
shall  remit  to  said  person,  firm  or  corporation  the  said  sum  of  monc}' 
so  deposited,  less  the  amount  chargeable  for  the  services  of  said 
Inspector,  at  the  rate  of  $3.00  per  day;  and  the  said  Superintendent 
shall  certify  the  completion  of  the  work  to  the  Secretary  of  the  Board 
of  Public  Works. 

Section  7.  Nothing  herein  shall  be  construed  as  preventing  the 
laying  of  gas  or  water  pipes  between  the  curb  line  and  property  line 
of  any  street,  provided  said  pipe  shall  not  exceed  2"  internal  in  di- 
ameter, and  provided  further,  that  the  consent  of  the  property  own- 
ers in  front  of  whose  premises  said  pipe  is  to  be  laid,  shall  be  first 
obtained. 

Section  8.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  9.  Every  person  violating  any  requirement  of  this  or- 
dinance shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  not  exceeding  $300.00,  and  in 
case  said  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  $2.00  of  the  fine  so  imposed. 

Section  10.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  June  12,  1897.    Vol.  5,  p.  143.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 

ORDINANCE  No.  1829. 


AN  ORDINANCE  REGULATING  THE  USE  OF  BICYCLES. 
TRICYCLES  AND  VELOCIPEDES  WITHIN  THE  LIM- 
ITS OF  THE  CITY  OF  OAKLAND,  AND  TO  REPEAL 
ORDINANCES  AND  PARTS  OF  ORDINANCES  IN 
CONFLICT  HEREWITH. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person 
or  persons  to  ride  upon  the  sidewalk  of  any  public  street,  lane  or 
alley,  or  within  any  public  park  or  square  within  the  limits  ot  the 
City  of  Oakland,  any  bicycle,  tricycle  or  velocipede  between  sunset 
and  one  o'clock  a.  m. 

Section  2.  Every  person  riding  a  bicycle,  tricycle  or  velocipede 
upon  the  sidewalk  of  any  public  street,  lane  or  alley  or  Mithin  any 
public  square  within  the  limits  of  the  City  of  Oakland  during  hours 
within  which  the  same  is  permitted  under  the  terms  of  this  ordinance, 
shall  upon  meeting  or  overtaking  any  person  walking  or  standing 
thereon,  so  change  the  course  of  said  vehicle  as  to  leave  the  entire 
width  of  the  cement,  wooden  or  bituminous  portion  of  said  side- 
walk to  the  pel  son  so  walking  or  standing  thereon,  or  if  not  prac- 
ticable so  lo  do,  said  rider  shall  dismount  in  passing  or  overtaking 
such  per.'^on,  provided  that  the  provisions  of  this  ordinance  shall  not 
apply  to  children  under  ten  years  of  age  riding  a  child's  tricycle. 

Section  3.  Every  person  riding  a  bicycle,  tricycle  or  velocipede 
in  the  night  t;me  in  any  public  street  within  the  limits  of  the  City  oi 
Oakland  must  have  a  lamp  and  bell  attached  tljereto  or  a  whistle  in 
his  possession,  and  must  keep  said  lamp  lighted  and  must  keep  said 
beil  ringing  or  whistle  blowing  loudly  and  continuously  immediately 
hefcie  leaching  and  while  traversin^any  public  street  crossing. 

Section  4.  No  person  shall  within  the  limits  of  said  city  ride  any 
such  bicycle,  tricycle  or  velocipede  at  a  speed  to  exceed  eight  miles 
per  hour.  Every  person  riding  a  bicycle,  tricycle  or  velocipede  shall 
in  all  cases  turn  to  the  right  on  passing  any  other  wheel  or  vehicle 
and  shall  keep  to  the  right  of  the  center  line  of  the  street,  excepting 
when  such  person  crosses  the  same  upon  any  street  intersection  or  for 
the  purpose  of  stopping  and  dismounting  at  such  place  as  he  may 
desire. 

Section  5.  Every  person  who  shall  violate  any  of  the  provis- 
ions of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and 


202  GENERAI,  MUNICIPAIv  ORDINANCES 

upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one 
hundred  ($100.00)  dollars  for  each  offense,  and  in  case  said  fine  be 
not  paid,  then  the  person  or  persons  so  fined  shall  be  imprisoned  in 
the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for 
each  two  ($2.00)  dollars  of  the  fine  so  imposed  and  remaining  un- 
paid. 

Section  6.  An  ordinance  entitled  '"An  Ordinance  Regulating 
the  Use  of  Bicycles,  Tricycles  and  Velocipedes  Within  the  Limits 
of  the  City  of  Oakland,''  approved  May  9,  1892;  also  an  ordinance 
entitled  "An  Ordinance  Regulating  the  Speed  of  Bicycles,  Tricycles 
and  Velocipedes  Within  the  Fire  Limits  of  the  City  of  Oakland,  and 
Providing  a  Penalty  for  the  Violation  Thereof,"  approved  Novem- 
ber 25,  1895,  and  all  other  ordinances  and  parts  of  ordinances  in  con- 
flict with  the  provisions  of  this  ordinance  5re  hereby  repealed. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  September  28,  1897.    Vol.  S,  p.  173.) 


ORDINANCE  No.  1836. 


AN  ORDINANCE  REGULATING  THE  HOLDING  OF  PUB- 
LIC MEETINGS  IN  ANY  PUBLIC  STREET,  SQUARE, 
PARK,  LANE,  ALLEY,  COURT  OR  OTHER  PUBLIC 
PLACE,  OR  AT  OR  IN  FRONT  OF  THE  ENTRANCh 
TO  ANY  PUBLIC  BUILDING  SITUATED  WITHIN 
THE  FIRE  LIMITS  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person 
or  persons  to  conduct  or  take  part  in  any  public  meeting  held  on  any 
public  street,  or  in  any  square,  park,  lane,  alley,  court  or  other  pub- 
lic place,  or  at  or  in  front  of  the  entrance  to  any  public  building 
within  the  fire  limits  in  the  City  of  Oakland,  unless  permission  to 
hold  such  public  meetings  shall  first  have  been  obtained,  in  writing, 
signed  by  at  least  two  of  the  following  named  persons,  viz.:  The 
Mayor,  Chief  of  Police  and  President  of  the  City  Council.  Such 
permission  in  writing  shall  designate  the  time  and  place,  when  ana 
where  such  meetings  shall  be  held. 


OF  THE  CITY  OF  OAKLAND,  CAL.  203 

Section  2.  Any  person  violating  any  provisions  of  this  ordinance 
shall  be  fined  in  a  sum  not  to  exceed  one  hundred  ($ioo.oo)  dollars, 
and  in  case  said  fine  be  not  paid,  then  the  person  or  persons  so  fined 
shall  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the 
rate  of  one  (i)  day  for  every  two  (2)  dollars  of  the  fine  so  imposeo. 
or  remaining  unpaid. 

Section  3.  Ordinance  No.  1676,  entitled  "An  Ordinance  Regu- 
lating the  Holding  of  Public  Meetings  on  Any  Public  Street  Situ- 
ated Within  the  Fire  Limits  in  the  City  of  Oakland,"  approved  March 
2ist,  1895,  and  all  other  ordinances  in  conflict  herewith,  are  hereby 
repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  October  20,  1897.    Vol.  5,  p.  185.) 


204  GENERAL  MUNICIPAL  ORDINANCES 


CHAPTKR    IV. 

Ordinances  Relating  to  the  Police  Department. 


[Note. — By  the  provisions  of  Sections  151-2  of  the  Charter,  the 
Police  Department  is  under  the  management  of  the  Board  of  Com- 
missioners of  the  Police  and  Fire  Departments,  who  are  to  "establish 
rules  and  regulations  *  *  *  for  the  regulation  and  conduct  ot 
its  officers,  clerks  and  employees."  The  following  ordinances  were 
passed  pursuant  to  Section  i6i  of  the  Charter.] 


ORDINANCE  No.  1477. 


AN  ORDINANCE  CONSENTING  TO  AND  AUTHORIZING 
THE  INCREASE  OF  THE  POLICE  FORCE  OF  THh, 
CITY  OF  OAKLAND  BY  ADDING  TO  THE  PRESEN  I 
NUMBER  THEREOF  SIX  MEN. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  determined  that  the  increase  of  the  popu- 
lation of  the  City  of  Oakland  requires,  and  that  the  public  interest 
requires  that  the  present  number  of  members  of  the  Police  Depart- 
ment should  be  added  to  by  the  addition  thereto  of  six  new  members 
thereof,  and  that  this  Council  does  hereby  consent  to  and  authorize 
the  addition  of  six  new  members  to  the  present  number  and  mem- 
bership of  the  Police  Department  of  this  city,  such  additional  mem- 


OF  THE  CITY  OF  OAKLAND,  CAIv.  205 

bers  of  such  department  to  receive  the  same  salary  as  policemen  or 
patrolmen  now  in  said  department. 

Section  2.    Tnis  ordinance   shall  take   effect   from   and   after  its 
approval. 

(Approved  December  7^  1892.     Vol.  4,  p.  332.) 


ORDINANCE  No.  1490. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE 
AND  FIRE  COMMISSIONERS  TO  APPOINl^  TWO  AD- 
DITIONAL DETECTIVES  FOR  THE  POLICE  DE- 
PARTMENT OF  SAID  CITY  AND  FIXING  THE  SAL- 
ARIES OF  THE  SAME. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  Board  of  Police  and  Fire  Commissioners  is 
hereby  authorized  and  empowered  to  appoint  two  additional  detect- 
ives for  service  in  the  Police  Department  of  this  city,  such  detect- 
ives to  be  under  the  direction  and  control  of  the  Chief  of  Police, 
provided  such  detectives  be  appointed  from  members  of  the  police 
force  as  now  constituted. 

Section  3.  The  salaries  of  such  detectives  shall  be  at  the  rate 
of  $125  per  month. 

Section  4.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  December  20,  1892.    Vol.  4,  p.  351.) 


ORDINANCE  No.  1558. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICb 
AND  FIRE  COMMISSIONERS  TO  APPOINT  FOUR 
ADDITIONAL  POLICE  OFFICERS  FOR  THE  POLICE 
DEPARTMENT  OF  THE  CITY  OF  OAKLAND. 


2o6  GENERAL  MUNICIPAL  ORIDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  Board  of  Police  and  Fire  Commissioners  is 
hereby  authorized  to  appoint  four  additional  police  otticers  for  the 
Police  Department  of  the  City  of  Oakland. 

Section  2.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  Oct.  9,  1893.    Vol.  4,  p    476.) 


ORDINANCE  No.  1819. 


AN  ORDINANCE  CREATING  THE  POSITION  OF  SER- 
GEANT OF  POLICE,  DECLARING  THE  NECESSITY 
THEREFOR,  AND  AUTHORIZING  THE  BOARD  Ot 
POLICE  AND  FIRE  COMMISSIONERS  TO  APPOINT 
PERSONS  THERETO,  UPON  THE  RECOMMENDA- 
TION OF  THE  CHIEF  OF  POLICE,  AND  FIXING 
THEIR  COMPENSATION. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  A  necessity  existing  therefor,  the  position  of  Ser- 
geant of  Police  is  hereby  created,  and  the  Board  of  Police  and  Fire 
Commissioners  is  hereby  authorized  and  empowered  to  appoint  three 
Police  Officers,  recommended  by  the  Chief  of  Police,  from  the  pres- 
ent police  force,  to  be  such  Sergeants  of  Police,  at  a  salary  of  one 
hundred  dollars  per  month  each,  the  duties  of  said  Sergeants  ot 
Police  to  be  such  as  may  be  prescribed  by  the  rules  and  regulations 
of  said  department. 

Section  2.  This  ordinance  shall  take  effect  and  beiin  full  force 
from  and  after  its  approval. 

(Approved  August  3,  1897.    Vol.  5,  p.  162.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  207 


ORDINANCE  No.  1860. 


AN  ORDINANCE  CONSENTING  TO,  DECLARING  THE 
NECESSITY  FOR,  AND  AUTHORIZING  AN  IN- 
CREASE IN  THE  POLICE  FORCE  OF  THE  CITY  OF 
OAKLAND,  EMPOWERING  THE  BOARD  OF  POLICE 
AND  FIRE  COMMISSIONERS  TO  ADD  THERETO 
TEN  ADDITOINAL  POLICE  OFFICERS  AND  FIXING 
THEIR  COMPENSATION. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  necessary,  and  said  Coun- 
cil hereby  authorizes  and  empowers  the  Board  of  Police  and  Fire 
Commissioners  of  the  City  of  Oakland  to  increase  the  ^^olice  Force 
of  said  city  by  appointing  and  employing  ten  additional  police  officers 
therein,  upon  the  recommendation  of  the  Chief  of  Police,  said  police 
officers  to  receive  the  same  compensation  as  is  now  received  by  police 
officers  in  said  department. 

Section  2.  Inasmuch  as  the  increased  population  and  territory  ot 
said  city  renders  immediate  action  necessary,  this  ordinance  shall 
take  effect  and  be  in  force  from  and  after  January  ist,  1898. 

(Approved  December  17,  1897.    Vol.  5,  p.  218.) 


ORDINANCE  No.  1884. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  FOLICfc. 
AND  FIRE  COMMISSIONERS  OF  THE  CITY  OF  OAK- 
LAND TO,  APPOINT  AN  ADDITIONAL  CAPTAIN  OF 
THE  POLICE  DEPARTMENT  OF  SAID  CITY,  FIXING 
THE  SALARY  OF  SAID  CAPTAIN,  AND  PRESCRIB- 
ING THE  DUTIES  OF  SUCH  CAPTAIN. 


2o8  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained   bythe  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  Board  of  Police  and  Fire  Commissioners  is 
hereby  authorized  and  empowered  to  appoint  an  additional  Captain 
for  service  in  the  Police  Department  of  the  City  of  Oakland,  such 
Captain  to  be  under  the  direction  and  control  of  the  Chief  of  Police, 
provided,  that  the  said  Captain  shall  be  appointed  from  among  the 
members  of  the  police  force  as  now  constituted. 

Section  2.  Said  Captain  shall  from  and  after  his  appointment 
act  as  bailiff  of  the  Police  Court  of  said  City  of  Oakland,  and  shall 
in  addition  to  his  duties  as  such  bailiflf  perform  the  duties  of  prop- 
erty clerk,  and  as  such  clerk  shall  have  the  care  and  custody  of  all 
articles  introduced  or  held  as  evidence  in  criminal  actions  or  pro- 
ceedings prosecuted  or  conducted  in  said  Police  Court,  and  shall  be 
responsible  for  the  proper  presentation  of  such  articles  and  their 
transmission  to  the  proper  authorities  when  such  articles  are  re- 
quired in  any  court  of  record. 

Section  3.  The  salary  of  such  Captain  shall  be  one  hundred  and 
twenty-five  ($125.00)  dollars  per  month. 

Section  4.  This  ordinance  shall  take  effect  from  and  after  its 
aproval. 

(Approved  March  23,  1898.    Vol.  5,  p.  248.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  209 


CHAPTKR    V. 

Oedinances  Relating  to  the  Fire  Department. 


[Note — For  ordinances  prescribing  the  duties  and  fixing  salaries 
of  certain  officers  and  employees  of  the  Fire  Departmenf,  see  Chapter 


ORDINANCE  No.  598. 


AN  ORDINANCE  TO  PROTECT  THE  FIRE  HYDRANTS  IN 
THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  to  open  any  ot 
the  fire  hydrants  of  the  City  of  Oakland,  except  in  case  of  fire'  or 
by  permission  of  the  Chief  Engineer  of  the  Fire  Department  or  the 
Water  Company  when  necessary  to  repair  their  mains  or  said 
hydrants. 

Section  2.  Any  person  violating  any  of  the  provisions  of  Sec- 
tion I  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  m  the  sum  of  twenty-five 
dollars,  and  in  case  said  fine  is  not  paid,  to  be  imprisoned  one  day 
for  every  dollar  of  such  fine 

Section  3.  This  ordinance  to  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  June  22,,  1874.    Vol.  2,  p.  347.) 


GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  876. 


AN  ORDINANCE  CONCERNING  FIRES  AND  FIRE  APPAR- 
ATUS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  No  person  shall  obstruct  any  fire  hydrant  or  cistern 
in  such  manner  as  to  hide  it  from  view  at  any  point,  or  hinder  free 
action  thereto  by  an  engine  or  hose  carriage,  or  construct  any  area 
or  other  wall  or  thing  so  as  to  interfere  in  any  manner  with  a  hydrant 
below  the  level  of  the  curb. 

Section  2.  It  shall  be  the  duty  of  the  police  at  the  time  of  fire 
to  place  ropes  or  guards  across  all  streets,  lanes  and  alleys  on  which 
shall  be  situated  any  building  on  fire,  and  at  such  other  points  as 
they  shall  deem  expedient  and  necessary,  and  they  shall  prevent  any 
and  all  persons,  excepting  owners  and  occupants  of  buildings  en- 
dangered by  the  existing  fire,  and  their  employees,  and  excepting  also 
officers  of  the  Fire  Department  and  firemen  (who  shall  be  known  by 
their  badge),  officers  of  the  City  of  Oakland  and  of  the  County  ot 
Alameda,  the  Fire  Warden  and  such  other  persons  as  may  have  per- 
mission from  an  officer  of  the  Fire  Department,  the  Fire  Warden  or 
a  police  officer,  from  entering  within  the  lines  so  designated  by  ropes 
Of  guards. 

Any  person  or  persons,  other  than  those  hereinbefore  excepted, 
entering  within  the  lines  designated  by  said  ropes  or  guards,  and 
refusing  to  go  outside  of  said  lines  when  directed  to  do  so  by  any 
police  officer  or  officer  of  the  Fire  Department  or  the  Fire  Warden, 
shall  be  deemed  guilty  of  a  misdemeanor  and  liable  to  punishment 
as  provided  in  this  ordinance. 

Section  3.  It  shall  be  unlawful  for  any  person  or  persons  to 
break  through  or  attempt  to  break  through  such  rope  or  guard  or 
barrier,  or  to  run  over  with  any  vehicle  any  fire  hose  used  by  the 
Fire  Department  at  any  fire. 

Section  4.  All  steam  engines,  hose  carriages  and  other  movable 
apparatus  of  the  Fire  Department  and  Fire  Patrol  shall  have  the 
paramount  right  of  way  through  all  the  streets,  lanes,  alleys,  places 
and  courts  of  the  City  of  Oakland  when  running  to  a  fire,  and  all 
such  apparatus  shall  take  and  keep  the  right  side  of  the  street  unless 
the  same  be  obstructed.  All  other  vehicles,  excepting  street  or 
steam  cars,  upon  the  approach  of  any  engine,  hose  cart  or  other  ap- 
paratus of  the  Fire  Department,  shall  forthwith  give  the  right  of  way 


OF  THE  CITY  OF  OAKLAND,  CAL.  2x1 

and  remove  to  the  side  of  the  street  opposite  to  the  side  of  the  street 
taken  by  such  engine,  hose  cart  or  other  apparatus  of  the  Fire  De- 
partment. 

All  street  cars  in  the  vicinity  of  such  engine,  hose  carriage  or 
movable  apparatus  going  to  a  fire  shall  retard  or  accelerate  their 
speed  as  occasion  may  require,  in  order  to  give  the  apparatus  ot 
the  Fire  Department  and  the  Fire  Patrol  the  unobstructed  use  of  the 
street  for  the  time  being. 

Section  5.  Any  person  or  persons  having  the  control  of  any 
vehicle,  willfully  or  carelessly  permitting  the  same  to  obstruct  the 
progress  of  the  apparatus  of  the  Fire  Department  or  Fire  Patrol, 
going  to  a  fire,  shall  be  deemed  guilty  of  a  misdemeanor  and  punish- 
able as  provided  in  this  ordinance. 

Section  6.  Any  person  or  persons  willfully  injuring  any  engine 
house,  hose,  engine,  hose  carriage  or  other  apparatus  of  the  Fire 
Department  of  the  City  of  Oakland  shall  be  deemed  guilty  of  a  mis- 
demeanor and  punishable  as  provided  in  this  ordinance. 

Section  7.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  and  in  case  such  fine  be  not  paid,  shall  be  imprisoned  in  the 
City  Jail  until  the  same  is  satisfied  at  the  rate  of  one  day  for  each  two 
dollars  of  the  fine  imposed. 

Section  8.     This  ordinance  shall  take  effect  immediately. ' 

(Approved  January  5,  1881.    Vol.  3^  p.  31.) 


ORDINANCE  No.  1089. 


AN  ORDINANCE  TO  PREVENT  THE  ERECTION  OR  MAIN- 
TENANCE OF  DANGEROUS  OBSTRUCTIONS  OR 
SERIOUS  OBSTXcLES  IN  BUILDINGS  WHICH  MAY 
PREVENT  INGRESS  AND  EGRESS  OF  OFFICERS 
AND  MEMBERS  OF  THE  FIRE  DEPAR<rMENT  IN 
EXTINGU1SHI>JG  FIRES  WITHIN  THE  FIRE  LIMITS 
OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  /allows: 

Section   i.     It  is   and   shall   be  unlawful   for-  any   owner,   agent, 
lessor,   lessee  or   tenant,   without   a  permit   first   obtained   from   the 


212  GENERAIy  MUNICIPAL  ORDINANCES 

Board  of  Public  Works,  to  erect  or  hang  in  or  upon  any  building 
within  the  established  fire  limits  of  the  City  of  Oakland,  any  door 
made  wholly  of  metal  or  of  metal  and  wood,  or  to  erect  or  hang  in 
or  upon  any  such  building,  any  door  composed  of  wood,  or  of  wood, 
nails  and  glass,  over  two  inches  in  thickness,  and  such  metal,  metal 
and  wood,  or  wooden  door,  or  wooden^  nails  and  glass  door,  shail 
not  without  such  permit,  be  fastened  by  any  bar  or  bars,  prop  or 
props,  behind  or  across  the  same,  and  shall  only  be  secured  by  a 
lock  or  locks,  bolt  or  bolts. 

Section  2.  It  is  and  shall  be  unlawful  for  the  owner,  agent 
lessor,  lessee  or  tenant  of  any  building  within  the  established  fire 
limits  of  the  City  of  Oakland  to  maintain  or  keep  any  door  com- 
posed entirely  of  metal,  or  partly  of  metal  and  other  material,  in  or 
upon  any  such  building,  or  to  keep  or  maintain  any  door  composed  ot 
wood,  or  of  wood,  nails  and  glass,  of  more  than  two  inches  in  thick- 
ness, in  or  upon  such  building  or  buildings  for  more  than  ten  days 
after  such  owner,  agent,  lessor,  lessee,  or  tenant  thereof  shall  have 
received  notice  in  writing  signed  by  the  Fire  Warden,  the  Chief  ot 
Police  or  the  Chief  Engineer  of  the  Fire  Department  of  said  city  to 
remove  the  same.  And  each  and  every  day  subsequent  to  the  ten 
days  after  such  prescribed  notice  shall  be  given,  any  maintenance  or 
keeping  of  any  door  hereinabove  prohibited,  without  the  consent  of 
of  the  Board  of  Public  Works  first  obtained,  shall  constitute  a  new 
and  separate  violation  of  this  ordinance. 

Section  3.  Whenever  any  door  shall  be  erected,  maintained  or 
kept  under  authority  of  a  permit  of  the  Board  of  Public  Works,  pro- 
vided for  in  this  ordinance,  and  it  shall  be  made  to  appear  to  such 
Board,  by  a  written  report  of  the  Fire  Warden,  the  Chief  Engineer 
of  the  Fire  Department  or  the  Chief  of  Police,  that  such  door  has 
become  or  will  be  a  serious  obstruction  or  obstacle  to  the  mem- 
bers of  the  Fire  Department  in  the  discharge  of  their  duties  in  ex- 
tinguishing fires,  then  the  said  Board  shall  vacate  and  revoke  such 
permit;  and  after  such  vacation  or  revocation  of  such  permit,  and 
after  notice  of  the  same  for  the  period  of  ten  days  shall  have  been 
given,  any  person,  as  provided  in  the  preceding  sections  of  this 
ordinance,  maintaining  or  keeping  such  door  upon,  or  in  any  build- 
ing within  the  fire  limits  of  said  city  shall  be  deemed  guilty  of  a  viola- 
tion of  this  ordinance  as  full>  and  completely  as  though  such  permit 
had  not  been  granted. 

Section  4.  Any  person  or  persons  violating  the  provisions  or 
I'tiy  provision  of  the  preceding  section,  or  any  section  of  this  or- 
dinance, shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  m 
the  City  Prison  for  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment. 


OF  THE  CITY  OF  OAKLAND,  CAL.  213 

Section  5.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  6.  This  ordinance  shall  go  into  full  force  and  effect 
immediately  upon  its  approval. 

(Approved  August  7,  1889.     Vol.  3,  p.  365.) 


ORDINANCE   No.  1121. 


AN  ORDINANCE  PROVIDING  FOR  FIRE  ESCAPES  FOR 
BUILDINGS  OF  THREE  OR  MORE  STORIES  IN 
HEIGHT. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  to  erect  or  maintain  any  build- 
ing, whether  built  of  wood,  brick,  stone  or  iron,  of  three  or  more 
stories  in  height,  in  the  City  of  Oakland,  unless  the  same  is  pro- 
vided with  such  fire  escapes  as  shall  be  approved  by  the  Chief  En- 
gineer of  the  Fire  Department  and  the  Fire  Warden. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall,  in  the  case  ot 
each  and  every  conviction  of  the  same,  be  required  to  pay  a  fine  of 
not  less  than  $100  and  not  more  than  $500,  or  in  the  event  of  failing 
to  pay  the  same,  to  be  imprisoned  in  the  City  Prison  one  day  for 
each  dollar  of  said  fine  not  paid. 

Section  3.  This  ordinance  shall  go  into  full  force  and  effect  on 
and  after  March  i,  1S90. 

(Approved  January  20,   1890.    Vol.  3,  p.  412.) 


ORDINANCE   No.   1138. 


AN   ORDINANCE  FOR  THE  PROTECTION  OF  THE   FIRE 
ALARM  AND  POLICE  TELEGRAPH. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section    i.     No   person   shall    willfully  break,    remove   or   injure 
any  of  the  wires  or  other  parts  or  appurtenances  of  the  Fire  Alarm 


214  GENERAL  MUNICIPAL  ORDINANCES 

and  Police  Telegraph  in  the  City  of  Oakland  without  authority  or 
permission  from  the  Board  of  Police  and  Fire  Commissioners. 

Section  2.  No  person  shall  make  or  fit  any  key  to,  or  pick  or 
force  the  lock  of  any  signal  box  of  the  Fire  Alarm  and  Police  Tele- 
graph in  said  City  of  Oakland  without  authority  from  the  Board  of 
Police  and  Fire  Commissioners. 

Section  3.  No  person  shall  have  or  retain  in  his  possession  or 
under  his  control  any  key  belonging  to  or  fitted  to  open  the  lock  of 
any  signal  box  of  the  Fire  Alarm  and  Police  Telegraph  in  said  City 
of  Oakland  without  lawful  authority  so  to  do. 

Section  4.  Every  person  violating  any  provision  of  this  or- 
dinance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and 
in  case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  ot 
one  day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.    Vol.  3,  p.  436.) 


ORDINANCE   No.   1147. 


AN   ORDINANCE  TO  PREVENT  THE  GIVING   OF  FALSE 
ALARMS  OF  FIRE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  willfully  make  or  cause  to  be  made, 
by  means  of  the  Fire  Alarm  and  Police  Telegraph,  or  otherwise, 
any  false  alarm  of  fire  in  the  City  of  Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  or- 
dinance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  m 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled  "An  Ordinance  to  Prevent  the 
Giving  of  False  .A.larms  and  Obstructing  Hydrants  and  Cisterns.'' 
approved  January  10,  1877,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.    Vol.  3,  p.  446.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  215 

ORDINANCE   No.  1378. 


AN  ORDINANCE  TO  PROHIBIT  THE  DEPOSITING  Ob' 
ASHES  IN  CONTACT  WITH  VESSELS  OR  FLOORS  OF 
CERTAIN   MATERIALS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall,  in  the  City  of  Oakland,  deposit  any 
ashes,  or  cause  the  same  to  be  deposited  or  placed,  or  permit  or  allow 
the  same  to  be  or  remain  in  contact  with  any  floor  or  vessel  of  wood 
or  other  combustible  material,  or  in  any  metallic  vessel  within  two 
inches  of  any  woodwork. 

Section  2.  Every  person  violating  any  provision  of  this  ordin- 
ance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars;  and  m 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  Section  12  of  an  ordinance  entitled  "An  Ordinance 
Establishing  and  Defining  Certaiti  Fire  Limits  in  the  City  of  Oak- 
land and  for  the  Prevention  of  Fires  m  Said  City,"  approved  Nov. 
30,  1876,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  2^,  1891.     Vol.  3,  p.  765.) 


2i6  GENERAL  MUNICAPAL  ORDINANCES 


CHAPTER    VX. 


Ordinances   Relating   to   Fire   Limits. 


ORDINANCE  No.  701. 


AN  ORDINANCE  ESTABLISHING  AND  DEFINING  CER- 
TAIN FIRE  LIMITS  IN  THE  CITY  OF  OAKLAND,  ANU^ 
FOR  THE  PREVENTION   OF  FIRES  IN  SAID  CITY. 

(See  also  supplementary  ordinances  Nos.  790  and  868.  For  boun- 
daries of  Fire  Limits,  see  page  221,  post.) 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows; 

Section  i.  (Repealed  by  Ordinance  No.  1134,  approved  May  6, 
1890,  Vol.  3,  p.  431,  "Establishing  and  Defining  Certain  Fire  Limits, 
etc.,"  to  be  found  on  page  99,  post.) 

Section  2.  All  buildings  hereafter  erected  within  the  fire  limits 
shall  be  made  and  constructed  of  brick  or  stone  or  of  both,  and 
every  building  of  brick  or  stone,  or  of  both,  that  shall  be  newly 
roofed  or  covered  shall  be  constructed  with  side  walls  or  party  walls 
of  brick,  or  stone,  or  of  both,  and  such  side  walls  or  party  walls  shall 
extend  from  the  foundation  to  the  top  of,  and  through  the  roof  ot 
saicj  building;  and  said  roof  shall  be  covered  with  such  material  as 
will  afford  protection  against  fire,  and  said  walls  shall  be  so  con- 
structed as  to  separate  all  woodwork  thoroughly  and  completely  ot 
the  mterior  and  exterior  of  any  adjoining  building^  and  every  such 
side  wall  or  party  wall  shall  pass  through  the  roof  of  the  building  to 
which  it  may  appertain,  in  such  manner  as  to  break  entirely  any  com 
munication  of  wood  whatever  between  such  roof  and  any  other  build- 
ing.    The  term  building,   as   used  in   this   section,  shall   not   include 


OF  THE  CITY  OF  OAKLAND,  CAL.  217 

privies  one  story  high  or  greenhouses  constructed  entirely  of  glass. 
(Amende'd  by  ordinance  approved  April  6,  1880.     Vol.  3,  p.  14.) 

Section  3.  The  outer  walls  of  all  buildings  of  either  brick  or 
stone,  or  of  both,  to  be  used  as  dwelling  houses,  sheds,  stables  or 
other  outhouses,  hereafter  to  be  erected,  shall  for  a  two-story  building 
or  less  be  at  least  twelve  inches  in  thickness  for  the  first  story,  and 
at  least  eight  inches  in  thickness  for  the  second  story;  and  if  more 
than  two  stories,  the  walls  of  each  story  shall  be  at  least  twelve  inches 
in  thickness,  except  the  upper  story,  and  that  shall  be  at  least  eight 
inches  in  thickness. 

The  outer  walls  for  all  buildings  of  two  stories  or  less,  to  be 
used  as  stores,  warehouses,  hotels  or  shops,  shall  be  at  least  si.x- 
teen  inches  in  the  basement  or  foundation,  and  twelve  inches  for 
first  and  second  stories,  the  outer  walls  for  all  buildings  three  stories, 
the  basement  twenty  inches,  first  story  sixteen  inches,  second  and  third 
stories  twelve  inches;  and  for  four  stories,  the  basement  or  foundation 
must  be  twenty  inches,  first  and  second  stories  sixteen  inches,  and 
third  and  fourth  stories  twelve  inches;  the  walls  must  be  of  uniform 
thickness  through  the  entire  length  of  each  wall.  All  party  walls 
must  be  twenty  inches  for  basement  or  foundation  and  sixteen  inches 
for  each  story  to  the  height  of  three  stories  above  the  basement  or 
foundation,  and  at  least  twelve  inches  to  the  top,  so  as  to  have  four 
inches  at  least  of  solid  masonry  between  timbers.  Party  walls  shall 
be  solid  brick  or  stone  walls,  and  shall  be  without  openings  unless 
covered  by  double  iron  doors,  each  %  of  an  inch  or  more  in  thick- 
nes.=i. 

The  outer  walls  of  brick  or  stone  buildings  are  understood  to  be 
the  front,  rear  and  two  side  walls;  and  in  no  case  shall  studding 
against  brick  walls  be  allowed.  .All  outer  walls  shall  be  securely 
anchored  with  iron  anchors  to  each  tier  of  beams. 

Section  4.  All  wooden  beams  and  other  timbers  in  the  party 
wall  of  every  building  hereafter  to  be  erected  or  built  of  stone,  brick 
or  iron,  shall  be  separated  from  the  beam  or  timbers  entering  into 
the  opposite  side  of  the  wall  by  at  least  four  inches  of  solid  mason 
work;  every  beam  shall  be  beveled  three  inches  at  the  ends,  shall 
rest  at  each  end  not  less  than  four  inches  in  the  wall,  unless  such  wall 
be  ledged. 

Section  5.  No  swelled  or  refuse  brick  shall  be  allowed  in  any 
wall,  and  brick  used  in  the  construction,  alteration  or  repairs  of  any 
building  or  part  thereof  shall  be  good,  hard,  well-burned  brick.  The 
mortar  used  in  the  construction,  alteration  or  repairs  of  any  building 
shall  be  composed  of  lime  or  cement  mixed  with  sand,  in  the  pro- 
portion of  three  (3)  of  sand  to  one  (.1)  of  lime,  and  two  (2)  of  sand  to 
one  (i)  of  cement;  and  no  lime  and  sand  mortar  shall  be  used  within 
twenty-four  C24)  hours  after  being  mixed,  and  all  walls  or  parts  thereof 
below  the  curb  level  shall  be  laid  in  cement  mortar  in  proportion  ot 


2i8  GENERAL  MUNICIPAL  ORDINANCES 

one  (i)  of  cement  to  two  (2)  of  mortar.  No  inferior  lime  or  cement 
shall  be  used,  and  all  sand  shall  be  clear,  sharp  grit  and  free  from 
loam,  and  all  joints  and  all  walls  shall  be  entirely  filled  with  mortar. 

Section  6.  No  cornice  of  wood  shall  be  placed  on  any  brick 
building  which  is  over  two  stories  in  height. 

Section  7.  No  brick  or  stone  wall  shall  be  supported  upon 
stringers  of  wood  in  any  part  of  the  city. 

Section  8.  It  shall  be  unlawful  for  any  person  to  raise,  build 
upon  or  alter  any  building  of  brick  or  stone,  or  of  both,  unless  said 
building  has  been  built  in  conformity  with  the  provisions  of  this 
chapter  regulating  the  erection  of  brick  buildings. 

Section  9.  All  side  or  party  and  front  and  rear  walls,  or  any 
building  fifteen  (15)  feet  high  or  more  shall  be  built  up  and  extend 
at  least  two  feet  above  the  roof;  provided,  that  where  partition  walls 
tre  carried  through  the  floor  of  the  upper  story,  said  walls  shall  be 
carried  up  at  least  two  feet  above  the  roof,  and  the  said  roof  shall 
be  covered  with  such  material  as  will  afford  protection  against  fire; 
and  where  a  mansard  or  French  roof  is  built  over  a  single  house,  the 
outer  walls  of  said  house  shall  be  carried  up  at  least  two  (2)  feet  abov<; 
the  roof  at  its  point  of  contact  or  intersection  with  the  wall  on  all 
sides,  except  the  wall  fronting  on  the  street.  No  mansard  or  French 
roof  shall  be  placed  on  any  brick  building  over  two  stories  in  height, 
unless  the  same  shall  be  constructed  entirely  of  fire-proof  material. 

Section  10.  Sections  3,  4,  5,  6,  7,  8  and  9  shall  apply  to  all  build- 
ings of  brick  or  stone,  or  of  both,  in  any  part  of  the  city. 

Section  11.  No  stovepipe  shall  be  permitted  to  project  through 
the  side  wall  or  roof  of  any  building,  within  the  city  limits,  when 
such  building  exposes  any  other  building  within  a  distance  of  twenty- 
five  (25)  feet.  All  chimneys  and  flues  must  be  built  of  brick  or  stone, 
and  to  the  entire  satisfaction  and  acceptance  of  the  Fire  Wardn  of  the 
City  of  Oakland.  (Amendment  approved  January  25,  1877.  Vol.  2. 
p.  516.) 

Section  12.  (Repealed  by  Ordinance  No.  1378.  Approved  No- 
vember 23,  1891.    Vol.  3,  p.  765.) 

Section  13,  Whenever  any  building,  wall,  chimney  or  smoke- 
stack shall,  from  any  cause  whatever,  be  in  a  situation  to  be  dangerous 
to  persons  or  property,  or  when  any  wooden  building  within  the  fire 
limits  shall  be  damaged  by  fire  to  the  extent  of  one-half  or  more  of 
its  actual  value,  the  Fire  Warden  of  the  City  of  Oakland  shall  im- 
mediately give  notice  to  the  owner  or  owners,  or  to  his  or  her  or  their 
agent,  or  the  person  having  control  thereof,  if  the  owner  cannot  be 
found,  to  remove  the  same  forthwith,  and  the  person  receiving  such 
notice  shall  within  forty-eight  (48)  hours  after  receiving  the  same 
comply  with  the  requirements  thereof.  (Amendment  approved  Jan- 
uary 25,  1877.    Vol.  2,  p.  516.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  219 

Section  14.  All  buildings  hereafter  erected  to  be  used  for  public 
assemblages,  in  whole  or  in  part,  shall  have  doors  that  are  used  for 
the  ingress  and  egress  of  the  public  to  the  portions  so  used  for  said 
assemblages  so  constructed  that  they  shall  open  both  inwardly  and 
outwardly,  and  all  buildings  hereafter  altered  for  the  use  of  public 
assemblages  shall  be  made  to  conform  to  this  section. 

Section  15.  An  ordinance  entitled  "An  Ordinance  Defining  Cer- 
tain Fire  Limits  Within  the  City  of  Oakland,  and  to  Prevent  the 
Construction  of  Wooden  Buildings  Therein,"  approved  October  28, 
1874,  and  all  other  ordinances  in  conflict  with  this  ordinance,  or  re- 
lating to  fire  limits  or  the  construction  of  wooden  buildings  in  the 
City  of  Oakland  are  hereby  repealed. 

Section  16.     Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall, 
be  punished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

(Amendment  approved  November  23,  1891.     Vol.  3,  p.  764.) 

Section  17.     This  ordinance  shall  take  effect  immediately. 

(Approved  November  30,  1876.     Vol.  2,  p.  504.) 

Note — As  to  use  of  iron,  see  Ordinance  No.  790,  post. 


ORDINANCE  No.  728. 


AN  ORDINANCE  TO  REGULATE  THE  REMOVAL  OF 
WOODEN  OR  FRAME  BUILDINGS  WITHIN  CERTAIN 
LIMITS  OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  re- 
move any  wooden  or  frame  building  from  the  lot  or  block  upon  which 
it  stands,  within  the  limits  hereinafter  mentioned,  to  any  portion  of 
the  same  or  another  lot  or  block  within  the  fire  limits,  as  defined  in 
an  ordinance  entitled  "An  Ordinance  Establishing  and  Defining  Cer- 
tain Fire  Limits  in  the  City  of  Oakland,  and  for  the  Prevention  ot 
Fires  in  Said  City,"  approved  November  30th,  1876,  without  the  written 
permission  of  all  the  property  owners  in  said  block  to  or  upon  which 
it  is  proposed  to  remove  said  building.  Said  written  permission  shall 
be  obtained  and  filed  with  the  Fire  Warden  before  the  removal  of  any 
building  under  the  provisions  of  this  ordinance. 


220  GENERAL  MUNICIPAL  ORDINANCES 

In  no  case  shall  a  building  be  removed  from  without  the  fire  lim- 
its to  any  lot  or  block  within  said  limits. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall,  upon  conviction  thereof,  be  punished  by  a  fine  ot 
not  exceeding  one  hundred  dollars,  and  if  the  fine  be  not  paid  the 
person  fined  may  be  imprisoned  in  the  City  Prison  until  the  fine  is 
paid,  at  the  rate  of  one  day's  imprisonment  for  each  two  dollars  of 
the  fine  imposed. 

Section  3.    This  ordinance  shall  take  effect  immediately. 

(Approved  June  2,  1877.    Vol.  2,  p.  549.) 


ORDINANCE  No.  868. 


AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE 
ENTITLED  "AN  ORDINANCE  ESTABLISHING  AND 
DEFINING  CERTAIN  FIRE  LIMITS  IN  THE  CITY  OF 
OAKLAND  AND  FOR  THE  PREVENTION  OF  FIRES 
IN  SAID  CITY." 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  The  Council  of  the  City  of  Oakland  is  hereby  author- 
ized in  its  discretion  to  grant  by  resolution,  approved  by  the  Mayor, 
permission  to  erect  within  the  Fire  Limits  of  the  City  of  Oakland  a 
frame  building;  provided,  such  building  shall  have  a  fire-proof  root; 
and  the  provisions  of  Section  2,  3,  4,  5  and  9  of  the  ordinance  to  which 
this  ordinance  is  supplementary  shall  not  apply  to  any  person  to  whom 
such  permission  is  granted. 

Section  2.     This  ordinance  shall  take  effect  immediately. 

(Approved  July  i,  1880.     Vol.  3,  p.  22.) 


ORDINANCE  No.  1104. 


AN    ORDINANCE    PROHIBITING    THE    ESTABLISHMENT 
OF  LAUNDRIES  WITHIN  THE  FIRE  LIMITS. 


OF  THE  CITY  OF  OAKLAND,  CAI.. 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is,  and  shall  be,  unlawful  for  any  person  to  estab- 
lish or  maintain  a  laundry  within  the  fire  limits  of  the  City  of  Oak- 
land. 

Section  2.  Any  room,  house  or  building  in  which  two  or  more 
persons  are  regularly  employed  in  washing  and  ironing  clothing  for 
purposes  of  gain,  shall  be  deemed  a  laundry  under  the  provisions  of 
this  ordinance. 

Section  3.  Any  person  violatmg  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars,  nor  greater 
than  five  hundred  dollars,  or  in  case  said  fine  be  not  paid,  by  imprison- 
ment in  the  City  Prison  one  day  lor  each  dollar  thereof. 

Section  4  This  ordinance  shall  be  in  full  force  and,  effect  thirty 
days  after  the  date  of  its  approval. 

(Approved  October  id,  1889.    Vol.  3,  p.  389.) 

[Note — The  above  ordinance  was  held  to  be  invalid  by  the  Police 
Court  of  this  city  in  the  case  of  ''The  People  vs.  Gee  Ham."  Opinion 
filed  February  20,  1890,  by  Henshaw,  Justice.] 


ORDINANCE  No.  1134. 


AN    ORDINANCE   ESTABLISHING   AND    DEFINING    CER- 
TAIN FIRE  LIMITS  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  fire  limits  of  the  City  of  Oakland  shall  include  all 
the  territory  in  said  city  bounded  by  the  following  lines:  Commencing 
at  the  point  of  intersection  of  the  center  line  of  Webster  street  and  the 
center  line  of  Seventh  street,  running  thence  westerly  along  the  center 
line  of  Seventh  street  to  the  center  line  of  Franklin  street;  thence 
southerly  along  the  center  line  of  Franklin  street  to  the  center  line  ot 
Fourth  street;  thence  along  the  center  line  of  Fourth  street  westerly  to 
the  middle  of  the  block  between  Franklin  street  and  Broadway  street; 
thence  at  a  right  angle  southerly  to  the  center  line  of  First  street; 
thence  along  the  center  line  of  First  street  westerly  to  the  middle  of 


222  GENERAL  MUNICIPAL  ORDINANCES 

the  block  between  Broadway  street  and  Washington  street;  thence  at 
a  right  angle  northerly  to  the  center  line  of  Fourth  street;  thence 
along  the  center  line  of  Fourth  street  to  the  center  line  at  Clay  street; 
thence  along  the  center  line  of  Clay  street  northerly  to  the  center  line 
of  Seventeenth  street;  thence  easterly  along  the  center  line  of  Seven- 
teenth street  to  a  point  one  hundred  feet  east  of  the  easterly  line  ot 
San  Pablo  avenue;  thence  southerly  parallel  with  San  Pablo  avenue 
to  the  center  of  Sixteenth  street;  thence  easterly  along  the  center  line 
of  Sixteenth  street  to  a  point  one  hundred  feet  west  of  the  westerly 
line  of  Telegraph  avenue;  thence  at  a  right  angle  northerly  to  the 
center  line  of  Seventeenth  street;  thence  easterly  along  the  center  line 
of  Seventeenth  street  to  a  point  one  hundred  feet  easterly  from  the  east 
line  of  Broadway  street,  thence  at  a  right  angle  southerly  to  the 
center  line  of  Fourteenth  street;  thence  easterly  along  the  center 
line  of  Fourteenth  street  to  the  center  line  of  Webster  street; 
thence  southerly  along  the  center  line  of  Webster  street  to  the 
intersection  pf  the  center  line  of  Webster  street  and  the  center  line 
of  Seventeenth  street. 

Section  2.  An  ordinance  entitled  "An  Ordinance  Establishing' 
and  Defining  Certain  Fire  Limits  in  the  City  of  Oakland,"  approved 
June  22,  A.  D.  1889,  and  all  ordinances  and  parts  of  ordinances  in 
conflict  with  this  ordinance  are  hereby  repealed. 

Section  .3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  the  date  of  its  approval. 

(Approved  May  6,  1890.    Vol.  3,  p.  431.) 


ORDINANCE  No.  1260. 


AN  ORDINANCE  PROHIBITING  THE  ERECTION  OF  ANY 
WOODEN  BUILDING,  OR  MAKING  ANY  ADDITION 
OF  WOOD  OR  OTHER  COMBUSTIBLE  MATERIAL 
TO  ANY  WOODEN  BUILDING  WITHIN  THE  FIRE 
LIMITS  OF  THE  CITY  OF  OAKLAND,  AND  FIXING 
A  PENALTY  THERETO. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  erect  any  structure  of  wood  or  to  make  any  addition  of  wood 
or  other  combustible  material  to  any  wooden  building  within  the 
Fire  Limits  of  the  City  of  Oakland. 


OF  THE  CITY  OF  OAKLAND,  CAL.  223 

Section  2.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  may  be  punished  by  a  fine  not  to  exceed 
$500;  or,  in  default  thereof,  by  imprisonment  for  a  period  of  one  day 
for  each  dollar  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  go  into  full  force  and  effect  im- 
mediately after  its  approval. 

Approved  March  23,  1891.     Vol.  3,  p.  593.) 


ORDINANCE  No.  1349. 


AN  ORDINANCE  TO  PROHIBIT  THE  REMOVAL  OF 
WOODEN  OR  FRAME  BUILDINGS  INTO  THE  FIRE 
LIMITS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  remove,  cause  to  be  removed  or  assist 
in  removing  any  frame  or  wooden  building  from  any  place  outside 
of,  to  or  upon  any  lot  or  block  within  the  fire  limits  of  the  City  of 
Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  one  hundred  dollars;  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  eflfect  immediately  upon  its 
approval 

(Approved  September  30,  1891.    Vol.  3,  p.  717.) 


ORDINANCE  No.  1641. 


AN  ORDINANCE  REGULATING  THE  ESTABLISHMENT 
OF  STEAM  BOILERS  WITHIN  THE  FIRE  LIMITS  OF 
THE  CITY  OF  OAKLAND. 


224  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  establish  any  steam  boiler  within  the  present  fire  limits  of  the 
City  of  Oakland,  unless  a  permit  therefor  is  first  obtained  on  proper 
showing',  from  the  City  Council,  and  recommended  by  the  Fire 
Warden. 

Section  2.  Any  person  violating  any  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars,  and  in 
case  said  fine  be  not  paid,  then  the  person  so  fined  may  be  imprisoned 
in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for 
every  tv/o  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  appfoval. 

(Approved  Oct.  22,  1894.    Vol.  4,  p.  620.) 


ORDINANCE  No.  1667. 


AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE 
NO.  701,  ENTITLED  "AN  ORDINANCE  ESTABLISH- 
ING AND  DEFINING  CERTAIN  FIRE  LIMITS  IN  THE 
CITY  OF  OAKLAND  AND  FOR  THE  PREVENTION 
OF  FIRES  IN  SAID  CITY,"  APPROVED  NOVEMBER 
30,  1876,  AND  REPEALING  ORDINANCE  NO.  790,  AP- 
PROVED SEPTEMBER  5,  1878. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  lawful  to  use  iron  in  the  construction  of 
any  building  wherever  it  is  now  lawful  to  use  brick  or  stone,  as  pro- 
vided in  said  ordinance  No.  701,  excepting  corrugated  or  sheet  iron. 
To  use  said  corrugated  or  sheet  iron,  permission  must  be  obtained 
from  the  City  Council  upon  recommendation  of  the  Fire  Warden. 
All  conditions,  requirements  and  restrictions  by  said  ordinance  made 
applicable  to  buildings  of  stone  or  brick,  shall  apply  to  buildings  ot 
iron  erected  urjder  this  ordinance. 

(Amendment  approved  Dec.  18,  1895.    Vol.  5,  p.  13.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  225 

Section  2.  Ordinance  No.  790,  entitled  "An  Ordinance  Supple- 
mentary to  an  Ordinance  Entitled  'An  Ordinance  Establishing  and 
Defining  Certain  Fire  Limits  in  the  City  of  Oakland,  and  for  the 
Prevention  of  Fires  in  Said  City,' "  approved  November  30,  1876,  is 
hereby  repealed. 

Section  3.  This  ordinance  shall  take  efifect  immediately  upon  its 
passage  and  approval. 

(Approved  February  23,  1895.    Vol.  4,  p.  664.) 


226  GENERAL  MUNICIPAL  ORDINANCES 


CHAPTER    VII. 

Ordinances  Relating  to  Public  Health. 


[Note — For  ordinances  prescribing  the  duties  and  fixing  the 
salaries  of  certain  officers  of  the  Heahh  Department,  see  Chapter  L, 
ante.  ] 


ORDINANCE  No.  684. 


AN  ORDINANCE  FOR  SECURING  THE  HEALTH  OF  THE 
CITY  OF  OAKLAND  AND  REGULATING  THE 
AMOUNT  OF  AIR  IN  EACH  ROOM  USED  FOR  LODG- 
ING PURPOSES  IN  SAID  CITY. 

7  he  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  sleep 
or  lodge  in  any  room  in  the  City  of  Oakland  unless  said  room  con- 
tains at  least  five  hundred  cubic  feet  of  air  for  each  person  sleeping 
or  lodging  therein. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  fined  not  exceeding  one  hundred  dollars  and  in 
case  the  fine  be  not  paid,  the  person  fined  may  be  imprisoned  in  the 
City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
imposed. 

Section  3.  This  ordinance  shall  take  eflfect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  August  28,  1876.    Vol.  2,  p.  486.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  227 


ORDINANCE  No.  703. 


AN  ORDINANCE  TO  COMPEL  THE  CLEANSING  AND 
EMPTYING  OF  CESSPOOLS  AND  PRIVY  VAULTS 
WITHIN  THE  LIMITS  OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  con- 
struct or  use,  or  have,  or  maintain  any  cesspool  or  privy  vault  or 
water  closet  upon  any  lot  of  land  owned  or  occupied  by  him,  or  her, 
in  the  City  of  Oakland,  within  one  hundred  and  fifty  feet  of  either 
line  of  any  street  having  a  sewer  therein,  unless  such  cesspool  or 
privy  vault  or  water  closet  is  properly  connected  with  the  street 
sewer;  and  in  all  said  connections  there  shall  be  a  trap  or  other  device 
to  prevent  the  escape  of  gas  or  obnoxious  odors  therefrom  into  the 
open  air,  so  as  to  be  offensive  to  the  senses  of  any  person  living  or 
being  in  the  immediate  neighborhood  thereof;  and  in  all  such  con- 
nections there  shall  be  maintained  a  constant  supply  of  water  from 
either  tank  or  city  water  works,  sufficient  to  prevent  filthy  accumu- 
lations in  cesspools  or  privy  vaults  or  water  closets,  or  the  pipes  or 
drains  thereof.  (Amendment  approved  October  9,  1894.  Vol.  4,  p. 
617.) 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  exceeding  one  hundred  dollars,  and 
in  case  the  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned 
in  the  City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  imposed. 

Section  3.  An  ordinance  entitled  "An  Ordinance  Regulating  the 
Connecting  of  Cesspools  and  Privies  With  the  Sewers  in  Certain 
Portions  of  the  City  of  Oakland,"  approved  November  23,  1875,  is 
hereby  repealed. 

Section  4.  This  ordinance  shall  take  eflfect  and  be  in  force  on 
and  after  its  approval. 

(Approved  November  30,  1876.    Vol.  3,  p.  509.) 


228  GENERAI,  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  869. 


AN   ORDINANCE   CONCERNING  VACCINATION. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i  .In  all  vacinations  by  or  under  the  authority  of  the 
Board  of  Health  or  the  City  Physician  the  vaccine  matter  used  shall 
be  bovine  matter  and  no  other. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  fifty  dollars,  and  in  case  the 
fine  be  not  paid,  shall  be  imprisoned  at  the  rate  of  one  day  for  each 
two  dollars  of  the  fine  imposed. 

Section  3.    This  ordmance  shall  take  effect  immediately. 

(Approved  August  19,  1880.    Vol.  3,  p.  23.) 


ORDINANCE  No.  938. 


AN  ORDINANCE  PROHIBITING  THE  EMPTYING  OF 
DRAINS  AND  THE  DEPOSITING  OF  RUBBISH  UPON 
PUBLIC  GROUNDS  AND  STREETS. 

The  Council  of  the  City  of  Oakland  do  ordain  a,s  follows: 

Section  i.  No  person  owning  or  having  the  control  of  any  prem- 
ises shall  suffer  or  permit  any  drainage  or  sewerage,  or  any  drain 
from  any  house,  barn,  building,  stable,  shed,  privy,  vault  or  cesspool 
situated  on  such  premises,  or  any  drain  from  such  premises,  to  empty 
into  or  upon  any  public  square,  street,  or  highway  within  the  limits 
of  the  City  of  Oakland,  nor  shall  any  person  throw  into  or  deposit 
upon  any  public  square,  street,  or  highway  any  rubbish,  garbage,  filth, 
or  glass  or  broken  ware  without  permission  of  the  City  Council. 

Section  2.     Every  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con 
viction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars,  and  m  case  the  fine  be  not  paid  the  person  so  fined  shall 


OP  THE  CITY  OF  OAKLAND,  CAL.  229 

be  imprisoned  in  the  City  Prison  until  the  same  be  satisfied  at  the  rate 
of  one  day  for  every  two  dollars  of  the  fine  imposed. 

Section  3.     This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  January  10^  1884.     Vol.  3,  p.   127.) 


ORDINANCE  No.  1108. 


AN  ORDINANCE  PROVIDING  FOR  THE  PROTECTION  OF 
THE  PUBLIC  HEALTH  AND  REQUIRING  PLUMBERS 
TO  REGISTER  THEIR  NAMES  AND  ADDRESSES  AT 
THE  HEALTH  OFFICE  AND  COMPLY  WITH  REGU- 
LATIONS OF  THE  BOARD  OF  HEALTH  IN  REFER- 
ENCE TO  THE  DRAINAGE  AND  PLUMBING  OF 
BUILDINGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  master  and  journeyman  plumber  carrying  on  his 
trade  in  this  city  shall,  under  such  regulations  and  rules  as  the  Board 
of  Health  of  said  city  shall  prescribe  (not  in  conflict  with  general 
laws),  register  his  name  and  address  at  the  Health  Office  of  said  city, 
and  after  the  establishment  of  such  rules  and  regulations  it  shall  not 
be  lawful  for  any  person  to  carry  on  the  trade  of  plumbing,  either 
as  a  master  or  journeyman  plumber,  or  otherwise,  unless  his  name 
and  address  be  registered  as  above  provided. 

Section  2.  A  list  of  registered  plumbers  shall  be  published  in 
the  yearly  report  of  the  Health  Officer  or  Board  of  Health. 

Section  3.  The  drainage  and  plumbing  of  all  buildings,  both 
public  and  private,  hereafter  erected  in  said  city  shall  be  executed  in 
accordance  with  plans  previously  approved  in  writing  by  the  Board  of 
Health  of  said  city,  and  suitable  drawings  and  description  of  said 
drainage  and  plumbing  shall  in  each  case  be  submitted  to  the  Board 
of  Health  and  placed  on  file  in  the  Health  Office.  The  said  Board 
of  Health  is  also  authorized  to  receive  and  place  on  file  drawings  and 
descriptions  of  the  drainage  and  plumbing  of  buildings  erected  prior 
to  the  passage  of  this  ordinance. 

Section  4.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  five 


230  GENERAL  MUNICIPAL  ORDINANCES 

dollars  nor  more  than  twenty-five  dollars  for  every  offense,  or  by 
imprisonment  in  the  City  Prison  one  day  for  each  dollar  of  such  fine 
as  shall  be  unpaid. 

Section  5.    This  ordinance  shall  go  into  full  force  and  effect  im- 
mediately after  its  approval. 

(Approved  December  2,  i88g.     Vol.  3,  p.  397.) 


ORDINANCE  No.  1214. 


AN  ORDINANCE  TO  PREVENT  THE  ABUSE  OF  OPIUM 
AND  OTHER  DRUGS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  druggist,  or  any  person 
whatever  to  sell  or  give  away  or  deliver  to  any  person  in  the  City 
of  Oakland,  excepting  as  provided  in  Sections  2  and  3  of  this  or- 
dinance, opium  or  any  preparation  thereof,  morphine,  cocaine  or  any 
of  their  salts,  or  any  solution  or  preparation  in  which  one  or  more 
of  these  substances  is  known  to  be  an  ingredient. 

Section  2  .This  ordinance  shall  not  apply  to  the  filling  by  drug- 
gists of  the  written  orders  or  prescriptions  of  any  licensed  physician, 
or  one  who,  upon  due  inquiry,  is  believed  by  the  druggist  to  be  such, 
for  any  of  the  substances  enumerated  in  Section  l;  but  every  such 
order  or  prescription  must  be  numbered  and  dated  at  the  time  it  is 
filled,  and  the  name  and  address  of  the  druggist  filling  it  must  be 
written  or  stamped,  in  ink,  across  the  face  of  such  order  or  prescrip- 
tion so  that  it  cannot  be  erased  without  detection;  and  a  label  with 
similar  date  and  number,  name  and  address,  shall  be  affixed  to  the 
bottle,  box  or  package  of  the  medicine  before  its  delivery,  and  upon 
such  label  shall  also  be  written  the  name  of  the  physician 
who  prescribed  or  ordered  it.  Every  such  order  or  prescrip- 
tion, or  a  copy  thereof,  shall  be  kept  by  the  druggist  filling 
it,  for  two  yeais,  and  be  subject  to  the  inspection  of  any  legally 
constituted  court  or  officer  demanding  it.  No  copy  of  any 
such  order  or  prescription  shall  ever  be  filled,  but  the  original 
order  or  prescription  may  be  refilled  once  only  (excepting  as 
hereinafter  provided)  and  the  druggist  refilling  it  must  make 
a  note  upon  it  that  it  has  been  refilled,  and. also  the  date  upon  which 
it  was  refilled.  If  it  shall  be  refilled  by  any  other  druggist  than  the 
one  who  first  filled  it,  such  druggist  must  also  number  it  and  stamp 


OF  THE  CITY  OF  OAKLAND,  CAL.  231 

or  write  his  name  and  address  in  ink  across  the  face  of  it  and  keep 
it,  or  a  copy  of  it,  for  two  years,  subject  to  inspection  as  before  or- 
dered; and  such  order  or  prescription  must  not  again  be  refilled  ex- 
cepting upon  the  order  or  request,  written  upon  a  separate  paper  of 
the  physician  who  wrote  the  order  or  prescription,  and  then  only  for 
as  long  a  time  not  exceeding  two  weeks  as  the  physician  may  desig- 
nate in  such  order;  and  such  written  order  or  request  must  be  kept 
by  the  druggist  for  two  years  and  be  subject  to  inspection  as  in  the 
case  of  the  original  prescription  or  order. 

Section  3.  This  ordinance  shall  not  apply  to  the  sale  of  lini- 
ments or  mixtures  for  external  use  that  are  of  such  a  nature  that  they 
cannot  be  taken  mternally  without  danger  to  life  or  health;  nor  to  the 
sale  of  morphine  or  cocaine,  or  their  salts,  or  of  opium,  in  mixtures, 
pills,  powders  or  solutions  when  in  combination  with  other  active 
ingredients;  provided,  that  no  more  than  eight  grains  of  opium,  and 
no  more  than  two  grains  of  morphine  or  cocaine  or  their  salts,  or 
both  combined,  shall  be  sold  to,  or  for,  the  same  person  in  any  one 
day;  nor  to  the  sale  of  paregoric;  nor  to  the  sale  or  gift  of  any  of 
the  substances  enumerated  in  Section  i,  to  hospitals,  asylums  or  other 
public  or  charitable  institutions  for  use  therein;  or  to  physicians  or 
dentists  or  other  druggists  who  are  engaged  in  the  business. 

Section  4.  It  shall  be  unlawful  for  any  person  to  endeavor  to 
procure  any  of  the  substances  enumerated  in  Section  i,  by  means  of 
a  fraudulent  order  or  prescription,  or  one  signed  by  a  fictitious  name, 
or  by  means  of  any  other  false  statement  or  representation. 

Section  i^.  It  shall  be  unlawful  for  any  physician  to  give  away, 
or  to  prescribe,  or  give  an  order  for  any  of  the  substances  named, 
to  any  person  excepting  for  the  purpose  of  curing  or  alleviating  dis- 
ease. 

Section  6.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  lined  in  a  sum  not  exceeding  one  hundred  dollars,  and  in 
case  the  said  fine  is  not  paid,  then  the  person  so  fined  may  be  im- 
prisoned in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  each  dollar  of  the  fine  so  imposed. 

Section  7.  This  ordinance  shall  go  into  effect  immediately  upon 
and  after  its  approval. 

(Approved  October  30,  1890.     Vol.  3,  p.  527.) 


232  GENERAI,  MUNICIPAL  ORDINANCES 


ORDINANCE   No.    1224. 


AN  ORDINANCE  RESTRICTING  THE  NUMBER  OF  MILCH 
COWS,  OR  STEERS,  OR  BULLS  FOR  BREEDING  PUR- 
POSES, THAT  SHALL  BE  KEPT  ON  ANY  BLOCK 
WITHIN  THE  CITY  OF  OAKLAND,  EXCEPTING 
THAT  PART  OF  SAID  CITY  LYING  EAST  OF  THE 
EASTERN  BOUNDARY  OF  THE  TERRITORY  AN- 
NEXED TO  THE  CITY  OF  OAKLAND  AND  DES- 
CRIBED BY  ORDINANCE  APPROVED  APRIL  4,  1872, 
AND  NORTH  OF  THE  CHARTER  LINE  OF  THE  CITY 
OF  OAKLAND,  ESTABLISHED  BY  THE  LEGIS- 
LATURE OF  THE  STATE  OF  CALIFORNIA,  IN  1853,  I^ 
SO  FAR  AS  SAID  LINE  EXTENDS  FROM  THE  WESl' 
SHORE  TO  THE  EAST  SHORE  OF  LAKE  MERRITT; 
ALSO,  NORTH  OF  THE  TERRITORY  ANNEXED  AND 
DESCRIBED  IN  AN  ORDINANCE  APPROVED  NOV 
4,  1872. 

Be  it  Ordained  by  ike  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  keep  or  maintain  any  bull  for  breeding  purposes,  or  more  than 
two  (2)  milch  cows  or  steers  for  any  purpose,  on  premises  located 
in  any  block  within  the  City  of  Oakland,  provided,  that  that  portion 
of  said  city  annexed  thereto  by  virtue  of  an  election  held  therein  on 
the  10th  day  of  June,  1897;  also  a  portion  of  the  territory  which  was 
annexed  to  the  city  by  virtue  of  an  election  held  July  14,  1891,  and 
described  as  follows: 

Beginning  at  a  point  on  the  northern  boundary  of  the  City  of 
Oakland,  said  point  being  150  feet  at  right  angles  westerly  from  the 
center  line  of  Pleasant  Valley  avenue;  thence  southerly  along  a  line 
150  feet  at  right  angles  westerly  from  and  parallel  with  said  center 
line  of  Pleasant  Valley  avenue  to  its  intersection  with  the  center  line 
of  Perry  street;  thence  southeasterly  along  the  center  line  of  Perry 
street  and  said  center  line  of  Perry  street  produced  southeasterly  to 
its  intersection  with  the  old  charter  line;  thence  following  northerly 
and  easterly  the  old  charter  line  to  the  northern  boundary  line  of  the 
city  shall  not  be  subject  to  the  provisions  of  this  ordinance. 


OF  THE  CITY  OF  OAKLAND,  CAL.  233 

(Amendment  approved  Mar.  i,  1898.     Vol.  5,  p.  239.) 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars;  and  for 
every  dollar  of  such  fine  not  paid  shall  be  imprisoned  in  the  City 
Prison  at  the  rate  of  one  day  for  each  dollar  of  the  fine  so  imposed 
and  unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  go  into  full  force  and  effect  in 
sixty  days  after  its  approval. 

(Approved  November  17,  1890.     Vol.  3,  p.  535.) 

[Note. — The  territory  excepted  from  the  operation  of  this  or- 
dinance by  the  terms  of  Section  i  thereof,  ante,  is  what  is  no  known 
as  the  Annexed  District,  being  described  generally  as  that  portion 
of  the  city  lying  east  of  Cemetery  creek,  and  its  southerly  continua- 
tion to  Lake  Merritt,  and  north  of  Lake  Merritt,  Indian  Gulch  and 
Millbury  street.  For  a  particular  description,  see  Vol.  3,  of  ordi- 
nances, page  605.] 


ORDINANCE   No.  1293. 


AN  ORDINANCE  REQUIRING  THE  REPORTING  TO  THE 
HEALTH  OFFICER  OF  ALL  CASES  OF  SICKNESS  OR 
DEATH  FROM  CERTAIN  DISEASES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  physician  in  the  City  of  Oakland  shall  im- 
mediately report  to  the  ?Iealth  Office,  in  writing,  every  patient  he 
shall  have  sick  of  typhus  or  ship  fever,  yellow  fever,  Asiatic  cholera, 
smallpox,  diphtheria,  scarlatina,  typhoid  fever  or  malarial  fever,  and 
shall  report  to  the  Health  Office  every  death  from  such  disease  im- 
mediately after  it  shall  have  occurred. 

Section  2.  Every  householder  in  the  City  of  Oakland  shall  forth- 
with report  in  writing  to  the  Health  Office  the  name  of  every  inmate 
of  his  or  her  house  whom  he  or  she  shall  have  reason  to  believe  sick 
of  typhus  or  ship  fever,  yellow  fever,Asiatic  cholera,  smallpox,  diph- 
theria, scarlatina,  typhoid  fever  or  malarial  fever,  and  any  death  oc- 
curring at  his  or  her  house  from  such  disease. 


234  GENERAIv  MUNICIPAL  ORDINANCES 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  efifect  immediately  upon  its 
approval. 

(Approved  July  9,  1891.     Vol.  3,  p.  647.) 


ORDINANCE   No.   1297. 


AN  ORDINANCE  TO  PREVENT  THE  SALE  OF  BAD  AND 
UNWHOLESOME  MEATS  AND  PROVISIONS  WITHIN 
THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  sell  or  offer  or  expose  for  sale  for 
human  food  in  the  City  of  Oakland  any  blown,  meager,  diseased  or 
bad  meat,  poultry,  game  or  other  unwholesome  provisions,  nor  any 
unsound,  diseased  or  unwholesome  fish,  fruit  , vegetables  or  other 
market  produce. 

Section  2.  No  sick  or  diseased  animal  or  the  flesh  of  any  animal 
which  when  killed  was  sick  or  diseased,  or  that  died  a  natural  or  acci- 
dental death,  shall  be  brought  into,  sold  or  exposed  or  oefTred  for 
sale  in  the  City  of  Oakland,  and  no  calf  shall  be  slaughtered  or  sold 
or  brought  into  said  city  for  sale  for  human  food,  unless  it  is  in  good, 
healthy  condition,  at  least  four  weeks  of  age,  and  weighs  not  less  than 
sixty  (60)  pounds  when  the  entrails,  head  and  feet  have  been  removed. 
(Amendment  approved  May  22,  1896.     Vol.  5,  p.  66.) 

Section  3.  Any  article  or  animal  that  shall  be  oflfered  or  ex- 
hibited for  sale  in  any  market  or  elsewhere  in  the  City  of  Oaklan  1 
as  though  it  was  intended  for  sale  will  be  deemed  offered  and  ck- 
posed  for  sale  within  the  intent  and  meaning  of  this  ordinance. 

Section  4.  Any  person  who  in  violation  of  the  preceding  sec- 
tions of  this  ordinance  shall  bring  within  the  said  city,  slaughter  or 
sell  or  expose  for  sale  any  article  or  animal  (therein  prohibited  from 
sale)  or  which  is  unfit  or  unsafe  for  human  food  shall  forfeit  the  same 
to  the  city,  and  the  Board  of  Health  shall  forthwith  cause  the  same 
to  be  removed  in  such  manner  as  will  insure  safety  and  protection  to 
-the  public  health. 


OF  THE  CITY  OF  OAKLAND,  CAL,  235 

Section  5.  It  is  hereby  declared  to  be  unlawful  for  any  person 
or  persons  in  any  manner,  either  mechanically  or  otherwise,  to  blow 
up  or  inflate  any  meat  kept  for  sale  or  intended  to  be  sold  for  human 
food  within  the  City  of  Oakland. 

Section  6.  Every  owner  or  occupant  of  a  market,  market  place 
or  stall  therein  within  the  City  of  Oakland  shall  use  due  care  and 
attention  to  maintain  cleanliness  thereat  by  the  prompt  removal  of  all 
rubbish  or  other  matter  tending  to  create  stench  or  generate  disease. 

Section  7.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars,  and  in  case  such  fine  be  not  paid  then  the  person  so  fined 
may  be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of 
the  fine  so  imposed. 

Section  8.  This  ordinance  shall  take  efifect  immediately  upon  its 
approval. 

(Approved  July  9,  1891.     Vol.  3,  p.  652.) 


ORDINANCE  No.  1329. 


AN  ORDINANCE  REQUIRING  THE  BURIAL  OF  PERSONS 
HAVING  DIED  FROM  CONTAGIOUS  DISEASES 
WITHIN  TWENTY-FOUR  HOURS  AFTER  DEATH 
AND  PROHIBITING  FORMAL  FUNERALS  IN  PUBLIC 
PLACES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Whenever  infectious  or  contagious  diseases,  such  as 
smallpox,  diphtheria,  scarlatina  or  Asiatic  cholera,  have  existed  in  a 
household  in  the  City  of  Oakland,  and  the  person  so  afflicted  has 
died,  the  body  of  said  decedent  must  not  be  removed  from  the  apart- 
ment in  which  death  occurred,  except  for  burial.  The  interment  of 
the  body  must  take  place  within  twenty-four  hours  after  death.  In 
the  cases  of  all  deaths  from  such  diseases,  no  formal  inspection  or 
viewing  of  said  remains  by  persons  other  than  the  visiting  physician. 
Health  Officer  and  the  immediate  members  of  the  family  must  be 
permitted.  No  formal  services  or  ceremonies  shall  be  held  within  the 
premises  where  said  death  occurs  over  the  remains  of  the  person  who 
has  died  from  any  of  said  diseases,  nor  shall  the  body  of  any  person 


236  GENERAL  MUNICIPAL  ORDINANES 

whose  death  has  occurred  from  any  of  said  diseases  be  conveyed  to 
any  church  or  other  place  of  worship  for  any  purpose  whatever. 

Section  2.  Every  person  violating  any  provision  of  this  ordi 
nance  shall  be  deemed  guilty  of  a  misdemeanor^  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars, and  in  case  such  fine  be  not  paid,  then  the  person  so  fined  may 
be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  3.     This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.    Vol.  3,  p.  694.) 


ORDINANCE   No.   1331. 


AN  ORDINANCE  REQUIRING  THE  OBTAINING  OF  PER 
MITS    FOR    THE    INTERMENT    OR    REMOVAL     OF 
DEAD  BODIES. 

B^  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows. • 

Section  i.  No  person  shall  deposit  in  any  cemetery  in  the  City 
of  Oakland  the  body  of  any  human  being  who  has  died  in  the  said 
city,  or  remove  the  same  from  within  the  limits  of  the  city  without 
first  having  obtained  and  filed  at  the  Health  Office  a  certificate,  signed 
by  a  legally  licensed  physician  or  coroner,  setting  forth  as  near  as 
possible  the  name,  age,  sex,  color,  place  of  birth,  occupation,  locality 
and  cause  of  death  of  deceased^  and  obtained  from  the  Health  Officer 
a  permit  in  writing  therefor  for  burial  or  other  purposes. 

Section  2.  No  person  shall  transport  in  or  through  the  streets 
or  highways  of  the  City  of  Oakland  the  body  of  any  human  being 
who  has  died  without  the  limits  of  the  city,  or  any  body  or  remains 
of  a  deceased  person,  exhumed  or  taken  from  any  grave  unless  the 
person  transporting  such  body  or  remains  shall  first  obtain  from  the 
Health  Officer  a  permit  in  writing  therefor,  which  shall  accompany 
the  body  or  remains.     (See  Charter,  Sec.  180.) 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 


OF  THE  CITY  OF  OAKLAND,  CAL.  237 

such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.     This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.    Vol.  3,  p.  698.) 


ORDINANCE   No.   1332. 


AN  ORDINANCE  TO  REGULATE  THE  MANNER  OF  KEEP- 
ING COWS  AND  OTHER  ANIMALS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  in  the  City  of  Oakland  keep  any 
cow,  horse,  cattle,  goat,  swine  or  other  animal  in  such  manner  as  may 
injuriously  afTect  the  health  of  any  neighborhood  or  person. 

Section  2. '  Every  person  having  the  care  or  control  of  any  yard, 
stable^  pen  or  other  place  in  the  City  of  Oakland  where  cows,  horses, 
cattle,  goats,  swine  or  other  animals  are  kept,  shall  keep  such  yard, 
stable,  pen  or  place  clean  and  free  from  stagnant  water  and  all  filthy 
or  unhealthful  substances. 

Section  3.  Every  person  violating  any  of  the  provisions  of  this 
ordinance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  dollars;  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.    Vol.  3,  p.  699.) 


ORDINANCE   No.    1344. 


AN  ORDINANCE  TO  PREVENT  THE  DISCHARGE  OR  DE- 
POSIT OF  SEWAGE,  DRAINAGE  AND  GARBAGE 
INTO  LAKE  MERRITT. 


238  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  cause  or  permit  any  sewage,  drain- 
age or  garbage  of  any  house  or  premises  to  be  discharged  into  or 
deposited  in  Lake  Merritt  or  any  of  its  tributary  streams,  within  the 
limits  of  the  City  of  Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed- 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,   1891.    Vol.  3,  p.  712.) 


ORDINANCE  No.   1346. 


AN  ORDINANCE  TO  PROHIBIT  THE  MAINTENANCE  OF 
STAGNANT  WATER  AND  NAUSEOUS  AND  OF- 
FENSIVE SUBSTANCES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  having  the  possession  or  control  of  any 
real  property  in  the  City  of  Oakland  shall  cause,  permit  or  allow  upoa 
the  same,  any  stagnant  water  or  any  nauseous  or  offensive  substance, 
either  of  which  may  be  dangerous  to  or  may  injuriously  affect  the 
health  of  any  neighborhood  or  person. 

Section  2.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  an  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.     Vol.  3,  p.  714.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  239 

ORDINANCE  No.  1348. 


AN  ORDINANCE  REQUIRING  THE  REPORTING  TO  THE 
HEALTH  OFFICE  OF  ALL  BIRTHS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  physician  and  midwife  in  the  City  of  Oakland 
shall  report  to  the  Health  Office  on  or  before  the  fifth  day  of  eacii 
month,  all  births  occurring  in  his  or  her  practice  during  the  previous 
month.  In  the  absence  of  such  physician  or  midwife  it  shall  be  the 
duty  of  the  parent  or  parents  to  make  such  report  within  thirty  days 
after  the  birth  of  any  child  to  them. 

Section  2.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid^  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled  "An  Ordinance  Concerning  a 
Record  of  Births  in  the  City  of  Oakland,"  approved  Nov.  14,  1870,  is 
hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.     Vol.  3,  p.  716.) 


ORDINANCE   No.  1360. 


AN  ORDINANCE  PROHIBITING  THE  BRINGING  INTO 
THE  CITY  OF  OAKLAND  THE  BODY  OF  ANY  PER- 
SON WHO  DIED  OF  A  CONTAGIOUS  DISEASE. 
WITHIN  ONE  YEAR  OF  THE  DAY  OF  DEATH. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.     It  shall  be  unlawful  for  any  person,  master,  captain  or 
conductor  in  charge  of  any  boat,  vessel,  railroad  car  or  public   or 


240  GENERAL  MUNICIPAL  ORDINANCES 

private  conveyance  to  bring  into  the  City  of  Oakland  the  dead  body 
of  any  person  who  died  of  a  contagious  disease  within  one  year  ot 
the  day  of  death. 

Section  2.  Every  person  violating  any  provision  of  this  ordi- 
nance shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  dol- 
lars, or  in  case  such  fine  be  not  paid,  then  the  person  so  fined  may  be 
imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  14,  1891.     Vol.  3,  p.  731.) 


ORDINANCE   No.   1456. 


AN  ORDINANCE  PROVIDING  FOR  THE  CONTROL  AND 
MANAGEMENT  AND  LOCATION  OF  A  HOSPITAL, 
FOR  CONTAGIOUS  DISEASES,  GRANTING 
GROUNDS  AND  DESIGNATING  THE  DUTIES  OF 
THE  HEALTH  OFFICER  IN  RELATION  TO  CERTAIN 
CONTAGIOUS  DISEASES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows  : 

Section  i.  Whenever  a  case  of  smallpox,  Asiatic  cholera,  yellov/ 
or  typhus  fever  is  reported  to  the  Health  Officer,  he  shall  immediately 
visit  the  premises  where  the  person  is;  and  the  said  Health  Ofificer, 
upon  personal  inspection  shall,  in  case  of  smallpox,  Asiatic  cholera, 
yellow  or  typhus  fever,  immediately  cause  to  be  displayed  a  quaran- 
tine flag  in  a  conspicuous  place  on  said  premises,  and  put  upon  the 
doorway  of  houses  infected  with  such  diseases  a  placard  setting  forth 
the  fact,  the  flag  to  remain  during  the  continuance  of  the  disease  on 
said  premises. 

Section  2.  The  Board  of  Health  may  locate,  establish  and  main- 
tain a  hospital  for  contagious  diseases,  and  discontinue  and  remove 
the  same  when  and  where  such  location,  establishment  and  main- 
tenance or  discontinuance  and  removal  may  be  necessary  to  the 
preservation  of  public  health.  They  may  appoint  and  remove  at 
pleasure  such  physicians  and  nurses  (whose  compensation  shall  be 
fixed  by  the  Council)  for  said  hospital  as  may  be  necessary  to  main- 


OF  THE  CITY  OF  OAKLAND,  CAIv.  241 

tain  the  efficiency  of  the  same  and  comfort  of  the  inmates;  and  may 
cause  to  be  removed  thereto  and  kept  any  person  within  the  limits 
of  the  city  affected  with  smallpox,  Asiatic  cholera,  yellow  or  typhui 
fever;  provided,  that  no  person,  unless  he  is  unable  or  refuses  to 
maintain  such  quarantine  as  may  be  prescribed  by  resolution  of  the 
Board  of  Health,  shall  be  so  removed  to  any  such  hospital.  The 
Board  of  Health  may  make  all  rules  and  regulations  regarding  the 
conduct  of  said  hospital  as  may  be  needful.  No  person  shall  re- 
move a  patient  aflfected  with  the  diseases  above  named  from  any  house 
or  place  within  the  limits  of  the  city  to  any  other  house  or  place 
without  the  permission  of  the  Health  Officer. 

Section  3.  The  Board  of  Health  may  proclaim  such  quarantines 
and  establish  and  declare  such  quarantine  districts  and  grounds^  and 
the  boundaries  thereof,  as  may  in  their  judgment  be  necessary  for  the 
preservation  of  public  health;  and  may,  when  deemed  necessary,  re- 
quire all  vessels,  railroad  cars  or  other  public  conveyances,  before  the 
same  shall  land  or  stop  at  any  landing,  depot  or  any  stopping  place 
in  the  city,  to  stop  or  touch  at  any  or  either  of  the  districts,  grounds 
or  boundaries  so  selected  and  established  for  quarantine  purposes, 
and  leave  all  such  persons,  with  their  stores  and  baggage,  as  in  the 
opinion  of  the  Health  Officer  or  physician  stationed  at  such  quarantine 
site,  places  or  boundaries  shall  be  deemed  proper  on  account  of  the 
existence  or  general  report  of  Asiatic  cholera,  smallpox,  yellow  or 
typhus  fever. 

Section  4.  The  said  Board  of  Health  shall  make  such  rules  and 
regulations  for  the  government  of  the  quarantine  or  the  health  ot 
the  city  as  from  time  to  time  they  shall  deem  necessary;  and  the 
physicians  or  Health  Officers  in  charge  of  any  quarantine  station  or 
place  shall  have  power  to  make  and  enforce  such  regulations  as  may 
be  necessary  for  the  proper  management  thereof;  and  it  shall  be  the 
duty  of  all  persons  in  quarantine,  and  all  agents,  officers,  policemen 
or  others  employed  by  the  city  in  j-nd  about  said  quarantine  stations 
or  places  to  carry  out  and  obey  the  same. 

Section  5.  Every  person  violating  any  provision  of  this  ordi- 
nance shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  dol- 
lars, and  in  case  such  fine  be  not  paid,  the  person  so  fined  may  be 
imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so 
imposed. 

Section  6.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  7,  1892.    Vol.  4,  p.  276.) 


242  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1870. 


AN  ORDINANCE  PROVIDING  FOR  THE  CONTROL  AND 
MANAGEMENT  AND  LOCATION  OF  QUARANTINE 
DISTRICTS  AND  DESIGNATING  THE  DUTIES  OF 
THE  HEALTH  OFFICER  IN  RELATION  TO  CERTAIN 
CONTAGIOUS  DISEASES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Whenever  a  case  of  diphtheria  or  scarlet  fever  is  re- 
ported to  the  Health  Officer  by  a  regularly  licensed  physician,  he 
shall  immediately  cause  to  be  displayed  in  a  conspicuous  place  on 
the  premises  where  such  disease  exists,  and  put  upon  the  doorway 
of  the  houses  infected  with  such  disease  a  placard  setting  forth  the 
fact,  the  same  to  remain  durmg  the  continuance  of  the  disease  on 
said  premises. 

Section  2.  The  Board  of  Health  may  proclaim  such  quarantines 
and  establish  such  quarantine  districts  and  the  boundaries  thereof  as 
may  be  necessary  for  the  preservation  of  the  public  health  and  for 
the  control  of  the  diseases  hereinabove  mentioned. 

Section  3.  The  Board  of  Health  shall  make  such  rules  and  regu- 
lations for  the  government  of  such  quarantines  or  quarantine  dis- 
tricts as  from  time  to  time  they  shall  deem  necessary  for  the  health 
of  the  city,  and  the  physician  or  Health  Officer  in  charge  of  said 
quarantines  or  said  quarantine  districts  shall  have  power  to  make 
and  enforce  such  regulations  as  may  be  necessary  for  the  proper 
management  thereof;  and  it  shall  be  the  duty  of  all  persons  in  quar- 
antine and  all  agents,  officers,  policemen  and  others  employed  by 
the  city  in  and  about  said  quarantines  and  quarantine  districts  to 
carry  out  and  obey  the  same. 

Section  4.  No  person  except  the  duly  authorized  agent  of  the 
Board  of  Health  shall  remove,  tear  down,  cover  up.  obliterate  or 
destroy  any  copy  of  any  order  of  the  Board  of  Health  placarded  and 
fixed  conspicuously  on  the  front  of  any  building  as  required  and  pro- 
vided for  by  the  provisions  of  this  ordinance. 

Section  5.  The  fxing  of  a  copy  or  copies  of  any  order  of  the 
Board  of  Health  required  and  provided  for  by  the  provisions  of  this 
ordinance  upon  any  building  within  the  City  of  Oakland  is  hereby 
declared  not  to  be  a  defacing  of  said  building  in  the  meaning  of  Or- 
dinance No.  932,  entitled  "An  Ordinance  ro  Prohibit  the  Defacing 
of   Buildings   and  Trees  by   Adveriising    Notices    and    to     Prohibit 


OF  THE  CIIY  OF  OAKLAND,  CAL.  243 

Carrying  Placards  and  Distribution  of  Advertising  Notices  on  Side- 
walks in  the  City  of  Oakland,"'  approved  September  4,  1883. 

Section  6.  Every  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  to  exceed  one  hundred 
dollars,  and  in  case  the  <ine  be  not  paid,  the  person  so  fined  may  be 
imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  7.  This  ordmance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  Feb.  12,  1898     Vol.  5,  p.  229.) 


ORDINANCE  No.   1520. 


AN  ORDINANCE  TO  PROTECT  SEWERS  AND  SEWERING 
IN  THE  CITY  OF  OAKLAND  BY  PROHIBITING  THE 
UNAUTHORIZED  DISCHARGE,  DEPOSIT  OR  INTRO- 
DUCTION THEREIN  OF  SEWAGE,  DRAINAGE  OR 
GARBAGE  MATTER  FROM  WITHOUT  THE  CITY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  without  having  first  obtained  the  per- 
mission of  the  Council  of  the  City  of  Oakland  so  to  do,  shall  directly 
or  indirectly  discharge,  deposit  or  introduce  from  without  the  City 
of  Oakland  any  sewage,  drainage  or  garbage  matter  in  or  into  any 
sewer  within  the  City  of  Oakland,  or  in  or  into  any  sewer  extension, 
sewer  branches  or  sewer  connection  connecting  therewith. 

Outside  sewers,  for  the  purposes  of  this  ordinance  are  those 
lying  outside  the  City  of  Oakland.  The  use  or  connection,  or  con- 
tinuance of  the  use  or  connection,  of  any  outside  sewer  in  conjunc- 
tion or  connection  with  any  sewer  extension  or  sewer  pipe  which 
connects  with  any  sewer  within  this  city,  by  which  outside  sewer 
use  or  connection,  or  the  continuance  of  either,  any  sewage,  drain- 
age or  garbage  matter  is  allowed  or  caused,  directly  or  indirectly, 
to  be  introduced  or  conveyed  into  any  sewer  within  this  city,  is  and 
shall  be  deemed  a  violation  of  this  ordinance,  unless  before  such  out- 
side use  is  begun  or  continued,  or  before  such  outside  connection  JS 
made  or  maintained,  permission  of  said  Council  to  enter  upon  or 
continue  such  use  or  to  make  or  maintain  such  connection,  shall 
have  first  been  obtained. 


244  GENERAL  MUNICIPAL  ORDNANCES 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section   3.     This  ordinance  shall  take  effect  immediately. 

(Approved  April  27,  1893.     Vol.  4,  p.  415.) 


ORDINANCE  No.  1532. 


AN  ORDINANCE  PROVIDING  FOR  THE  PLACARDING 
AND  VACATING  OF  BUILDINGS  UNFIT  FOR  HUMAN 
HABITATION,  AND  REPEALING  ORDINANCE  NO. 
1225,  ENTITLED,  "AN  ORDINANCE  REQUIRING  THE 
VACATING  OF  BUILDINGS  UNFIT  FOR  HUMAN 
HABITATION,"  APPROVED  NOVEMBER  25,  1890. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Whenever  it  shall  be  certified  to  the  Board  of  Health 
by  the  Health  Officer  that  any  building  or  part  thereof  is  unfit  for 
human  habitation  by  reason  of  its  being  so  infected  with  disease,  or 
from  other  causes,  as  to  be  likely  to  cause  sickness  amongst  its  occu- 
pants, said  Board  may  issue  an  order  requiring  all  persons  therein 
to  vacate  said  building,  or  the  infected  part  thereof,  and  shall  cause 
a  copy  of  said  order  to  be  affixed  conspicuously  on  the  front  of  the 
said  building,  and  shall  also  cause  a  copy  of  said  order  to  be  served 
personally,  or  by  mail,  if  personal  service  cannot  be  made,  upon  the 
owner,  agent  or  lessee  of  said  building.  Said  order  shall  state  the 
reasons  for  requiring  the  infected  building  or  portion  thereof  to  be 
vacated,  and  shall  require  the  said  infected  building  or  portion  thereof 
to  be  vacated  within  ten  days  after  the  affixing  thereon,  as  hereinbefore 
provided,  of  a  copy  of  said  order;  provided,  however,  that  if  in  the 
opinion  of  the  Board  of  Health,  the  public  safety  and  health  shall 
require  said  infected  building  or  portion  thereof  to  be  sooner  vacated, 
then  the  said  Board  of  Health  may  require,  and  the  said  order  shall 
provide  for,  the  vacating  of  said  infected  building  or  portion  thereof 
within  a  shorter  time  than  ten  days;  provided,  however,  that  said 
shorter  time  shall  in  no  case  be  less  than  twenty-four  hours  from 
the  affixing  of  a  copy  of  said  order  upon  said  infected  building. 


OF  THE  CITY  OF  OAKLAND,  CAL.  245 

Section  2.  No  person  except  a  duly  authorized  agent  of  the 
Board  of  Health  shall  remove,  tear  down,  cover  up,  obliterate  or 
destroy  any  copy  of  any  order  of  the  Board  of  Health  afifixed  con- 
spicuously upon  the  front  of  any  building,  as  required  and  provided 
for  by  the  provisions  of  this  ordinance. 

Section  3.  The  affixing  of  a  copy  or  copies  of  any  order  of  the 
Board  of  Health  required  and  provided  for  by  the  provisions  of  this 
ordinance  upon  any  building  within  the  City  of  Oakland,  is  hereby 
declared  not  to  be  a  defacing  of  said  building  within  the  meaning  ot 
Ordinance  Number  932,  entitled,  "An  Ordinance  to  Prohibit  the  De- 
facing of  Buildings  and  Trees  by  Advertising  Notices  and  to  Pro- 
hibit Carrying  of  Placards  and  Distribution  of  Advertising  Notices  on 
Sidewalks  in  the  City  of  Oakland,"  approved  September  4,  1883. 

Section  4.  Every  person  violating  any  of  the  provisions  of  this 
ordinance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereot 
shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars; 
and  in  case  such  fine  be  not  paid,  then  by  imprisonment  in  the  City 
Prison  of  the  said  City  of  Oakland  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  5.  Ordinance  No.  1225,  entitled  "An  Ordinance  Re- 
quiring the  Vacating  of  Buildings  Unfit  for  Human  Habitation," 
approved  November  25,  1890,  is  hereby  repealed. 

Section  6.  All  ordinances  and  sections  or  parts  of  ordinances 
in  conflict  with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  approval. 

(.Approved  June  19,  1893.    Vol.  4,  p.  435.) 


ORDINANCE  No.  1595. 


AN  ORDINANCE  CONCERNING  THE  REMOVAL  OF 
SWILL,  GARBAGE,  FILTH,  OFFAL  OF  ANY  KIND. 
MANURE,  RUBBISH  OR  ANY  OFFENSIVE  OR  ILL- 
SMELLING  MATTER,  OR  ANY  ADMIXTURE  OF 
SWILL,  GARBAGE,  FILTH,  OFFAL  OF  ANY  KIND  OR 
ANY  OFFENSIVE  OR  ILL-SMELLING  MATTER  AND 
REPEALING  ORDINANCE  NO.  1576,  ENTITLED:  "AN 
ORDINANCE  CONCERNING  THE  REMOVAL  OF 
swill;  garbage,  filth,  butchers'  OFFAL- 
MANURE  AND  RUBBISH,"  APPROVED  NOVEMBER 
29,  1893. 


246  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  use 
any  cart  or  vehicle  upon  any  public  street,  lane  or  alley  within  the 
limits  of  the  City  of  Oakland  for  the  conveyance  or  removal  of  swill, 
garbage,  filth,  offal  of  any  kind,  or  any  offensive  or  ill-smelling 
matter,  or  any  admixture  of  swill,  garbage,  filth,  offal,  of  any  kind, 
or  any  offensive  or  ill-smelling  matter,  between  the  hours  of  12 
o'clock  noon  and  6  o'clock  in  the  evening  of  each  day. 

Section  2.  No  person  shall  use  any  cart  or  vehicle  for  the  con- 
veyance or  removal  of  swill,  garbage,  filthy  offal  of  any  kind  or  any 
offensive  or  ill-smelling  matter,  or  any  admixture  of  swill,  garbage, 
filth,  offal,  of  any  kind,  or  any  offensive  or  ill-smelling  matter,  unless 
the  said  cart  is  staunch,  tight  and  closely  covered  with  a  wooden  or 
metal  cover,  so  as  to  wholly  prevent  leakage  or  smell;  nor  use  any 
cart  or  vehicle  for  the  conveyance  or  removal  of  manure  unless  the 
said  cart  or  vehicle  be  provided  with  a  canvas  cover  securely  fastened 
over  the  top  thereof,  and  be  so  constructed  as  to  prevent  the  deposit 
of  such  m.anure  or  any  portion  thereof  in  or  upon  the  streets  through 
which  said  cart  or  vehicle  may  be  driven.  For  the  purposes  of  this 
ordinance  the  term  "manure"  shall  only  include  the  dung  of  animals 
mixed  with  hay  or  straw  or  both  hay  and  straw. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
(100)  dollars,  and  in  case  such  fine  be  not  paid,  then  the  person  so 
fined  may  be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars 
of  the  fine  so  imposed. 

Section  4.  Ordinance  Number  1576,  entitled  "An  Ordinanc? 
Concerning  the  Removal  of  Swill,  Garbage.  Filth,  Butchers'  Offal. 
Manure  and  Rubbish,"  approved  November  29,  1893.  is  hereby  re- 
pealed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  Feb.  14,  1894.    Vol.  4,  p.  527.) 


ORDINANCE  No.  1616. 


AN  ORDINANCE  REQUIRING  THE  REPORTING  TO  THE 
HEALTH  OFFICE  OF  ALI,  ANIMALS  SUFFERING 
FROM  CERTAIN  DISEASES. 


OF  THE  CITY  OF  OAKLAND,  CAL.  247 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  Veterinary  Surgeon  practicing  medicine  in  the 
City  of  Oakland  shall  immediately  report  in  writing  to  the  Health 
office  every  animal  he  shall  have  sick  of  contagious  pleuro-pneumonia, 
tuberculosis,  foot  and  mouth  disease,  anthrax,  Texas  fever,  actinomy- 
cosis, glanders,  farcy  and  hydrophobia. 

Section  2.  Every  person  violating  any  provisions  of  this  or- 
dinance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  m 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordmancc  shall  take  efifect  immediately  upon  its 
passage  and  approval. 

(Approved  July  3,  1894.     Vol.  4,  p.  571.) 


ORDINANCE  No.  1618. 


AN  ORDINANCE  TO  PROHIBIT  AND  PUNISH  THE  PRO- 
DUCTION OR  SALE  OF  UNWHOLESOME  OR  ADUL- 
TERATED MILK  OR  CREAM. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  or  persons  to 
bring  into  the  City  of  Oakland,  or  to  sell,  exchange  or  distribute,  or 
expose  for  sale,  exchange  or  distribution,  any  diluted,  impure,  adul- 
terated or  imwholesome  milk. 

Section  2.  It  shall  be  unlawful  for  any  person  or  persons  to  keep 
any  cow  or  cows  for  the  production  of  milk  for  sale,  exchange  or 
distribution,  in  said  City  of  Oakland,  in  any  crowded  or  unhealthy 
condition,  or  to  feed  said  cow  or  cows  on  any  food  or  give  them 
anything  to  drink  which  could  or  would  produce  impure,  diseased  or 
unwholesome  milk. 

Section  3.  It  is  hereby  declared  to  be  unlawful  for  any  person  or 
persons  to  oflfer  for  sale,  exchange  or  distribution  any  milk  in  the 
City  of  Oakland,  unless  the  name  of  the  dairy  or  dairies  from  which 
said  milk  is  brought  is  conspicuously  and  legibly  inscribed  upon  the 
wagon  or  vehicle  in  which  said  milk  is  sold,  exchanged  or  distributed, 
in  letters  at  least  three  inches  in  height  and  unless  the  name  or  initials 


248  GENERAIv  MUNICIPAL  ORDINANCES 

of  the  name  of  said  dairy  be  also  legibly  and  distinctly  inscribed  upon 
the  cans  containing  said  milk  in  letters  at  least  one  and  one-half  inches 
in  height. 

Section  4.  It  is  hereby  declared  to  be  unlawful  for  any  person  or 
persons  to  deliver  any  milk  in  the  City  of  Oakland  unless  they  shall 
register  the  dairy  or  dairies  from  which  said  milk  comes  in  the  Health 
Office.  Said  registration  shall  consist,  first,  in  giving  the  name  or 
names  of  the  owner  or  owners  of  the  dairy;  second,  in  giving  the 
name  or  names  of  the  dairy  or  dairies  from  which  the  milk  is  taken; 
third,  in  giving  the  location  of  the  dairy  or  dairies  from  which  the 
milk  is  taken;  fourth,  in  giving  the  number  of  cows  owned  and  milked 
in  said  dairy;  fifth,  every  owner  of  a  dairy  in  the  City  of  Oakland,  or 
bringing  milk  into  said  city,  shall  cause  the  same  to  be  registered  at 
the  Health  Office  within  thirty  days  after  the  approval  and  adoption 
of  this  ordinance,  or  within  thirty  days  after  commencing  to  do  a 
dairy  business  and  during  the  month  of  each  and  every  January  there- 
after or  when  specially  notified  m  writing  so  to  do  by  the  Health 
Officer;  sixth,  ail  changes  of  location  of  a  dairy  shall  be  reported 
by  the  owner  to  the  Health  Office  in  writing  15  days  after  said  change. 
Section  5.  It  shall  be  unlawful  for  any  person  or  persons  to 
bring  into  the  said  city  or  to  sell,  exchange,  distribute  or  expose  for 
sale,  exchange  or  distribution  any  milk  with  the  cream  abstracted 
therefrom  unless  said  person  or  persons  shall  plainly  mark  on  the 
cans  from  which  said  milk  is  taken  the  words  "skimmed  milk." 

Section  6.  If  any  person  or  persons  who  sell,  exchange,  dis- 
tribute or  expose  for  sale  milk  in  said  city  shall  keep  among  their 
cows  from  which  milk  is  obtained  to  be  sold,  exchanged,  distributed 
or  exposed  for  sale  any  sick  or  diseased  C(jw  or  cows,  after  notifica- 
tion of  the  diseased  condition  of  said  cow  or  cows  by  the  Inspector 
of  Markets,  Meat  and  Milk  and  Veterinary  Surgeon,  such  person  or 
persons  shall  not  bring  or  sell  milk  within  the  said  city  while  retain- 
ing the  ownership  or  possession  of  such  sick  or  diseased  cow  or  cows. 
Section  7.  It  shall  be  unlawful  for  any  person  or  persons  to  feed 
or  cause  to  be  fed  to  any  milch  cows  any  still  slops,  brewers'  grains, 
garbage  or  any  decayed  vegetable  matter  or  other  food  calculated  to 
render  the  milk  of  such  cows  unsuitable  or  unwholesome  for  human 
food. 

Section  8.  The  Health  Officer,  the  Inspector  of  Markets,  Meat 
and  Milk  and  Veterinary  Surgeon,  the  Sanitary  Inspector  or  any 
police  officer  shall  have  the  right,  and  it  shall  be  their  duty,  to  enter 
and  have  full  access,  egress  and  ingress  to  all  places  where  milk  is 
stored  or  kept  for  sale;  to  all  wagons,  carriages  or  other  vehicle,  rail- 
road cars  or  conveyances  of  any  kind  used  for  the  conveyance  or 
transportation,  or  delivery  of  milk  to  any  warehouse,  dairy,  hotel, 
restaurant,  place  of  business,  factory,  buildings,  farms,  stables,  rail- 
road depot,  ferry  or  steamer  landings,   erections,  establishments  or 


OF  THE  CIIY  OF  OAKLAND,  CAL.  249 

places  of  any  kind,  to  all  vessels,  cans,  packages,  refrigerators  or 
receptacle  of  milk,  or  to  take  samples  therefrom,  not  exceeding  one 
quart,  for  the  purpose  of  inspecting,  testing  and  analyzing  the  same. 

Section  9.  All  samples  of  milk  taken  for  analysis  or  testing  under 
Section  8  of  this  ordinance  must  be  analyzed  or  tested  by  the  per- 
son or  persons  who  may  be  designated  by  the  Board  of  Health  ot 
the  City  of  Oakland  to  discharge  that  duty  and  all  milk  that  shall  be 
shown  to  contain  less  than  three  per  cent  of  butter  fats,  as  shown  by 
"Dr.  Babcock's  Milk  Tester,"  or  of  which  the  specific  gravity  shall 
be  found  to  be  less  than  1029  degrees  as  determined  by  the  lactometer, 
the  temperature  of  the  milk  at  the  time  of  testing  to  be  60  degrees 
Fahrenheit,  shall  be  deemed  to  be  impure,  unwholesome  and  adulter- 
ated.    (Amendment  approved  Jan.  4,  1896.     Vol.  5,  p.  21.) 

Section  10.  It  shall  be  the  duty  of  the  owner,  agent  or  man- 
ager of  any  dairy  in  the  City  of  Oakland  or  supplying  milk  to  said 
city  to  report  to  the  Health  Office,  in  writing,  immediately  after  he 
shall  be  aware  or  have  knowledge  that  any  person  employed  in  said 
dairy,  or  living  upon  the  premises  occupied  by  said  dairy,  is  suffer- 
ing from  typhoid  fever  or  any  contagious  or  infectious  disease. 

Section  11.  Every  person  who  violates  any  of  the  provisions  ot 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  by  a  sum  not  less  than  twenty-five 
dollars,  nor  more  than  five  hundred  dollars,  and  in  case  such  fine  be 
not  paid  then  the  person  or  persons  so  fined  shall  be  imprisoned  in 
the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for 
each  two  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  12.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  passage  and  approval. 

(Approved  July  7,  1894.    Vol.  4,  p.  573.) 


ORDINANCE  No.  1619. 


AN  ORDINANCE  PROVIDING  THE  MANNER  IN  WHICH 
PLUMBING  AND  SEWERING  FOR  DRAINAGE  SHALL 
BE  EXECUTED  IN  THE  CITY  OF  OAKLAND,  THE 
MATERIALS  TO  BE  USED  THEREIN,  THE  REGIS- 
TRATION AND  BONDS  OF  PLUMBERS  EXECUTING 
SUCH  PLUMBING  WORK,  AND  THE  FILING  OF 
.  PLANS  AND  NOTICE  TO  BE  GIVEN  AND  THE  OB- 
TAINING OF  PERMITS  BY  PLUMBERS  AND  SEWEK 
MEN  EXECUTING  THE  SAME. 


250  GENERAL  MUNICIPAIv  ORDINANCES 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  All  persons  carrying  on  business  or  laboring  as 
master  or  journeymen  plumbers  in  this  city  shall  first  register  his 
name  and  address  at  the  Health  Office,  and  notice  of  any  change  in 
the  place  of  business  of  a  registered  plumber  shall  be  immediately 
given  to  the  Secretary  of  the  Board  of  Health. 

Section  2.  Every  master  plumber,  before  he  shall  register,  must 
give  a  bond  in  favor  of  the  City  of  Oakland  in  the  sum  of  five  hun- 
dred ($500)  dollars,  with  two  good  and  sufficient  sureties,  for  the 
faithful  performance  of  his  duties  as  plumber,  which  said  bond  shall 
be  approved  by  the  Mayor  and  City  Attorney^  and  filed  in  the  office 
of  the  Health  Department. 

Section  3.  The  plumbing  and  drainage  of  all  buildings  and  ad- 
ditions hereafter  erected  shall  be  executed  in  accordance  with  plans 
and  specifications  previously  filed  in  the  Health  Office  and  duly  ap- 
proved by  the  Sanitary  Inspector;  and  it  is  herewith  specially  set 
forth  that  every  plumber  must,  before  doing  any  work  in  any  build- 
ing or  addition  hereafter  erected,  file  plans  and  specifications  in  said 
Health  Office,  correctly  describing  in  detail  the  work  to  be  done. 

Section  4.  All  new  sewers  and  all  additions  to  sewers  shall  be 
constructed  in  accordance  with  plans  and  specifications  previously  filed 
in  the  Health  Office  and  correctly  describing  in  detail  the  work  to  be 
done. 

Section  5.  All  material  must  be  of  good  quality  and  free  from 
defects;  all  defective  material  must  be  removed  and  sound  material 
to  be  put  in  its  place,  and  the  work  must  be  executed  in  a  thorough 
and  workmanlike  manner. 

Section  6.  The  arrangement  of  all  soil,  vent  and  waste  pipes  must 
be  as  direct  as  possible.  The  soil  and  waste  pipes  and  the  traps, 
where  convenient,  should  be  exposed  to  view  for  ready  inspection  at 
all  times  and  for  convenience  in  repairing. 

Section  7.  When  there  is  a  sewer  in  the  street,  every  house  or 
building  located  upon  a  lot  abutting  upon  said  street  must  be  sep- 
arately and  independently  connected  with  it  by  an  ironstone  or  cast- 
iron  pipe.  When  possible,  such  connection  must  be  made  directly  op- 
posite the  house.  When  there  is  no  sewer  in  the  street  upon  which 
property  abuts,  and  it  is  necessary  I0  construct  a  private  sewer  from 
such  property  to  connect  with  a  sewer  in  another  street,  alley  or 
avenue,  it  must  be  laid  in  the  street  on  which  such  property  abuts, 
and  not  through  the  adjoining  lots  or  under  the  houses  on  adjoining 
property. 

Section  8  All  joints  on  said  ironstone  pipe  shall  be  made  with 
Portland  cement,  properly  mixed  with  clean,  sharp  sand,  the  pro- 
portions thereof  being  one  part  cement,  two  parts  sand.     Each  joint 


OF  THE  CITY  OF  OAKLAND,  CAL.  251 

when  laid  must  be  properly  cleaned  on  the  inside  by  a  suitable  scraper 
before  the  succeeding  pipe  is  put  in  place.  The  sewer  must  be  laid 
at  a  uniform  grade  throughout  its  entire  length  and  in  as  straight 
a  line  as  possible.  All  changes  in  direction  must  be  made  with 
curved  pipes,  and  all  connections  with  "Y"  branches  and  one- 
eighth  or  one-sixth  bends.  All  joints  on  cast  iron  pipes  shall  be 
made  with  a  suitable  packing  of  hemp  or  oakum,  and  run  with  molten 
lead,  and  properly  caulked. 

Section  9.  When  the  lot  upon  which  the  building  is  erected,  or 
the  point  to  be  sewered  is  not  within  one  hundred  and  fifty  (150) 
feet  of  the  line  of  a  street  having  a  sewer  therein,  cesspools  may  be 
constructed  of  brick  and  cement,  and  to  be  in  size  not  less  than 
6x6x6  feet.  The  top  of  said  cesspool  to  be  not  less  than  one  foot 
below  the  surface  of  the  ground  and  properly  ventilated.  The  bottom 
and  sides  of  said  cesspool  to  be  made  impervious  to  water  and  cleaned 
at  least  every  two  weeks.  Said  cesspools  must  not  be  placed  within 
twenty  feet  of  any  part  of  any  inhabited  building,  and  house  drains 
connecting  therewith  must  be  trapped  and  connected  the  same  as 
house  drains  connecting  with  street  sewers. 

Section  10.  All  persons  before  connecting  with,  or  opening,  or 
penetrating  any  public  sewer  or  drain,  must  first  obtain  a  permit  in 
writing  from  the  Board  of  Health.  Every  person  constructing  sewers 
must  report  to  the  office  of  the  Health  Department  every  new  sewer 
in  course  of  construction  or  addition  to  a  sewer  already  laid.  And 
when  said  sewer  or  addition  is  completed  he  must  fill  the  same  with 
water  for  the  purpose  01  testing  it,  where  it  lies  within  the  building 
lines,  and  report  to  said  ofificer  when  it  is  ready  for  inspection.  In 
no  case  shall  the  sewer  be  covered  at  any  point,  either  within  or  with- 
out the  building  lines,  until  after  the  same  has  been  inspected  and 
accepted  by  the  inspector. 

Section  it.  Every  house  or  building  hereafter  erected,  must  have 
the  house  drain  constructed  of  castiron,  where  it  lies  under  the  build- 
ing^ and  to  extend  beyond  said  building  or  foundation  walls  not  less 
than  one  foot,  but  when  the  house  drain  is  outside  the  building  lines, 
it  may  be  of  ironstone  pipe.  The  house  drain  must  have  a  fall  of  at 
least  one-fourth  of  an  inch  to  the  foot,  it  must  run  along  the  cellar 
wall,  where  practicable,  or  if  laid  undc  the  lower  floor  of  the  build- 
ing, shall  be  hung  in  iron  straps  securely  fastened  to  the  floor  joists 
;:nd  in  as  straight  a  line  as  possible.  Heavy  brass  cleanouts  with  air 
tight  screw  joints  must  be  placed  at  the  end  of  each  horizontal  line 
of  castiron  sewer  pipes.  All  changes  in  direction  must  be  made 
with  curved  pipes,  and  all  connections  with  "V"  branches  and  one- 
eighth  bends,  with  a  trap  placed  under  the  sidewalk.  The  trap  must 
be  provided  with  a  fresh  air  inlet  on  the  house  side  of  the  water  seal 
of  at  lesst  four  inches  in  diameter,  leading  to  the  outer  air.  It  shah 
be  the  duty  of  the  sewer  contractor  to  provide  a  suitable  box  for  pro- 


252  GENERAL  MUNICIPAL  ORDINANCES 

tecting  the  fresh  air  inlet  at  the  curbs,  when  ironstone  pipe  is  used. 
When  castiron  pipe  is  used,  the  plumber  shall  provide  a  suitable  cov- 
ering. No  brick,  sheet  metal,  or  earthenware  flue  shall  be  used  as  a 
sewer  ventilator,  nor  shall  any  chimney  flue  be  used  for  this  pur- 
pose All  horizontal  lines  of  pipe  must  have  "Y"  branches  in  soil, 
waste  or  drain  pipes.  No  "T  s"  oi  any  kind  allowed  in  horizontal 
pipes  and  only  sanitary  "T's"  allowed  in  vertical  pipes. 

Section  12.  Every  soil  pipe  shall  be  of  castiron  (or  lead  not 
less  than  five  pounds  to  the  foot).  All  castiron  soil  or  waste  pipes 
shall  be  properly  fastened  and  secured  with  heavy  wrought  iron  straps 
or  hooks.  If  hooks  are  used  they  shall  be  forged  out  of  one  piece 
of  iron — not  welded.  Waste  pipes  must  be  of  castiron  or  lead.  Every 
line  of  soil  pipe  leading  to  waterclosets  above  the  first  floor  must 
extend  full  bore,  one  foot  above  the  roof  or  fire  walls.  Every  line 
of  waste  pipe  on  or  above  second  floor,  where  more  than  one  fixture 
branches  into  the  same,  must  run  full  bore  one  foot  above  the  roof 
or  fire  walls.  All  waste  pipes  in  basement  and  first  floor  to  be  vented 
same  size  of  pipe  as  trap  of  fixture.  No  vent  pipe  shall  open  less 
than  two  feet  above  the  top  of  any  window  or  door  on  the  side  or  roof 
of  the  house  where  said  vent  pipe  is  placed. 

Section  13.  Castiron  pipe  and  fittings  may  be  either  undipped 
or  coated  both  inside  and  outside  with  coal  tar  pitch,  applied  hot. 

Section  14.  All  soil  or  waste  pipes  outside  of  building  must  have 
all  openings  stopped  and  be  filled  with  water  to  the  highest  fixture 
end  allowed  to  stand  until  inspected  and  approved.  All  connections 
of  lead  with  iron  pipes  must  be  made  with  a  brass  ferule  of  the  same 
size  as  the  lead  pipe,  and  caulked  into  the  iron  pipe  and  connected 
to  the  lead  pipe  by  a  wiped  joint.  All  connections  of  lead  pipe  must 
be  wiped  joints.  When  lead  waste  pipe  is  used  it  must  intersect  at 
the  same  angle  as  given  by  "Y's"  one-sixteenth,  one-sixth  or  one- 
eighth  bends. 

Section  15.  Every  sink,  basin,  bath  tub,  water  closet,  slop- 
hopper  and  each  set  of  wash  trays,  and  every  fixture  having  a  waste 
pipe,  must  be  separately  and  effectively  trapped,  the  trap  to  be  placed 
as  near  the  fixture  it  serves  as  prr.cticable.  All  traps  must  be  pro- 
tected from  siphonage  by  special  air  pipes  of  castiron,  galvanized, 
wrought  iron  or  lead,  to  be  in  size  not  less  than  the  traps  which  they 
vent;  and  those  used  to  supply  air  to  traps  of  one  or  more  water 
closets  located  in  the  basement  or  en  the  first  floor  of  a  building  not 
less  than  two  inches  in  diameter.  No  square  bends  shall  be  used  in 
vent  pipes  when  it  is  possible  to  use  one-eighth,  one-sixth  or  one- 
sixteenth  bends.  When  a  bath  tub.  basin,  sink  or  set  of  wash  trays 
is  set  on  the  same  floor  level  with  ;i  hopper  and  not  more  than  three 
feet  horizontallv  from  said  hopper,  the  traps  of  said  bath,  basin,  sink 
or  wash  trays  need  not  be  vented.  Vent  pipes  must  extend  one  foot 
above  the  roof  or  fire  walls.    The  air  pipes  of  two  or  more  water 


OF  THE  CITY  OF  OAKLAND,  CAL.  253 

closets  (when  used  as  a  back  vent)  may  be  united  one  foot  above  the 
highest  fixture,  provided  said  air  pipes  are  not  less  than  two  inches 
in  diameter.  When  branch  venting  is  done  the  connection  must  be 
made  not  less  than  one  foot  above  the  top  of  the  fixture  where  such 
connection  is  made.  All  air  pipes  must  have  a  continuous  slope  to 
avoid  collecting  water  by  condensation.  When  the  trap  of  any  fix- 
ture is  set  more  than  two  feet  from  the  vertical  line  of  pipe,  a  return 
connection  must  in  all  cases  be  provided.  All  water  closets  and  slop 
hoppers  on  the  ground  floor,  detached  from  building,  need  no  vent 
pipes.  Every  safe  under  a  basin,  bath,  urinal  water  closet,  tank  or 
other  fixture,  must  be  drained  by  a  special  pipe  of  lead  or  wrought 
iron  not  connected  with  any  soil,  waste  pipe,  drain  or  sewer  but  must 
discharge  outside  of  the  house. 

Section  16.  All  water  closets  within  a  building  must  be  supplied 
from  separate  tanks  or  cisterns,  the  water  of  which  shall  be  used  tor 
no  other  purpose,  A  group  of  water  closets  may  be  supplied  from 
one  tank,  but  water  closets  on  different  floors  shall  not  be  supplied 
from  one  tank.  Hopper  closets,  when  used  in  yards  or  porches  shall 
be  supplied  by  valves  of  a  bore  not  less  than  one-half  inch  in  the 
clear.  Every  "washout"  water  closet  must  be  back-vented  from  the 
trap  vent  above  the  floor,  even  when  it  is  the  highest  fixture.  When 
water  closets  are  supplied  from  tanks,  the  down  or  flush  pipe  must 
in  no  case  be  less  than  one  and  one-fourth  inches  inside  diameter. 
No  rubber  connection  will  be  allowed  between  water  closet  and  vent 
pipes.  No  interior  water  closet  shall  be  set  in  putty,  plaster  or  sim- 
ilar substance;  ihey  must  be  connected  to  soil  pipe  with  a  properly 
constructed  rubber  gasket  and  brass  flange  combined.  Pan  water 
closets  are  strictly  prohibited.  When  water  closets  are  so  con- 
structed that  the  trap  is  part  of  the  closet,  they  must  be  all  earthen- 
ware or  enameled  iron  or  a  combination  of  these  materials.  '  All 
water  closet  receivers  must  be  of  eiiher  earthenware  or  enameled 
iron.  Water  closets  or  urinals  must  not  be  placed  in  an  unventilated 
room  or  compartment,  must  have  a  proper  opening  to  the  outer  air. 
or  be  ventiiated  by  means  of  an  air  shalft  or  duct.  No  wooden  sinks 
or  wash  trays  will  be  allowed  inside  of  any  residence  or  tenement 
which  is  to  be  used  as  a  dwelling. 

Section  17.  Rain  water  leaders  must  never  be  used  as  soil,  waste 
or  vent  pipes,  nor  shall  any  soil,  waste  or  vent  pipes  be  used  as  a 
rain  water  leader.  All  rain  water  leaders  or  conductors  inside  of 
building  must  be  either  galvanized,  wrought  iron  or  castiron.  All 
leaders  must  di.^charge  into  open  trapped  hoppers  or  on  the  surface 
of  the  ground.  All  hoppers,  where  no  waste  from  house  fixtures  is 
discharged,  must  have  water  supply  from  faucets.  Slop  hoppers  s«»t 
upon  a  wooden  floor  must  be  connected  to  waste  pipe  with  lead  wipe<i 
onto  a  brass  ferule  and  the  same  to  be  caulked.  All  slop  hoppers  shall 
be  provided  with  a  suitable  trap  of  not  less  than  two  inches  in  di- 


254  GENERAL  MUNICIPAL  ORDINANCES 

ameter.  Bell  traps  shall  not  be  allowed  in  any  case.  Waste  pipe  of 
slop  hoppers  must  not  be  less  than  two  inches  in  diameter.  All 
waste  pipes  from  sleeping  apartments  must  discharge  into  open 
trapped  hoppers,  outside  of  building,  except  where  a  building  covers 
the  entire  width  of  the  lot. 

Section  i8.  No  stejm  exhaust  will  be  allowed  to  connect  with 
any  drain,  soil,  vent  or  waste  pipe. 

Section  19.  Ail  leaders,  soil,  waste,  drain  and  vent  pipes  inside 
of  buildings,  before  being  covered,  must  have  all  openings  stopped 
and  be  filled  with  water,  for  the  purpose  of  testing  the  same.  The 
test  must  be  made  in  the  presence  of  the  Inspector,  and  if  satis- 
factory he  shall  issue  the  proper  certificate,  but  if  the  test  be  not  satis- 
factory he  must  withhold  the  certificate  until  the  evil  be  remedied: 
and  all  owners  of  buildings  must  require  of  the  contractors  a  cer- 
tificate of  good  sanitary  plumbing  and  drainage  in  all  cases  where 
such  work  is  being  done.  Upon  completion  of  the  plumbing  work, 
the  plumber  must  report  to  the  Inspector  for  final  inspection.  The 
said  certificate  to  be  signed  by  the  Inspector,  provided  by  law.  He 
must  not  sign  and  deliver  the  same  except  as  hereinbefore  provided. 

Section  20.  All  plans  and  descriptions  of  plumbing  and  drain- 
age must  be  made  upon  blanks  furnished  by  the  Health  Department. 

Section  21.  No  opening  shall  be  provided  in  the  sewer  pipe  ot 
any  building  for  the  purpose  of  receiving  the  surface  drainage  of  the 
cellar,  unless  special  permission  is  granted  by  the  Sanitary  Inspector, 
and  any  opening  so  made  must  be  immediately  and  permanently 
closed  when  directed  bj'  said  Inspector.  When  a  building  is  moved 
from  one  part  of  the  city  to  another,  or  when  an  addition  is  made 
to  a  building,  or  when  any  new  plumbing  is  done  in  an  old  building 
or  any  sewering  in  connection  therewith  (except  in  case  of  repairs 
and  repairs  are  defined  to  consist  of  leaks  in  drain,  soil,  waste  and 
vent  pipes,  and  repairs  on  faucets,  valves  and  water  supply  pipes) 
the  rules  and  regulations  of  this  ordinance  must  be  followed. 

Section  22.  When  a  buildmg  has  been  inspected  and  condemned 
by  the  Health  Officer  plans  must  be  filed,  and  the  new  plumbing  work 
or  alterations  must  be  executed  in  accordance  with  this   ordinance. 

Section  23.  No  soil,  waste,  leader  or  vent  pipe  of  any  kind  shall 
be  built  into  brick,  stone  or  concrete  walls;  where  necessary  to  con- 
ceal pipes  of  this  class  they  must  be  run  in  suitable  reveals  or  recesses. 

Section  24.  When  castiron  or  ironstone  pipe  is  specified  in  the 
foregoing  rules  and  regulations,  if  desired,  galvanized  wrought  iron 
pipe  of  standard  steam  thickness  may  be  used,  provided,  that  the 
fittings  are  so  constructed  as  to  form  a  uniform  bore  with  the  pipe 
without  burrs  or  recesses. 

Section  25.  All  plumbing  and  drainage  work  in  the  City  of  Oak- 
land shall  be  done  in  accordance  with  this  ordinance  land  no  person 


OF  THE  CITY  OF  OAKLAND,  CAL.  255 

shall  do  any  plumbing  or  drainage  work  in  said  city  except  in  accord- 
ance with  this  ordinance. 

Section  26.  Every  person  violating  any  provisions  of  this  or- 
dinance is  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  not  to  exceed  one  hundred  dollars;  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  sc  imposed. 

Section  27.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  28.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  August  15,  1894.     Vol.  4.  p.  577.) 


ORDINANCE  No.  1647. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  INSPECTOR 
OF  MARKETS,  MEAT  AND  MILK  AND  VETERINARY 
SURGEON  FOR  THE  CITY  OF  OAKLAND,  DEFIN- 
ING THE  DUTIES    AND    FIXING    THE   SALARY   OF 

THE  INCUMBENT  THEREOF. 

Be  it  Ordained  by  the  CouncU  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  office  of  Inspector  of  Markets,  Meat  and  Milk 
and  Veterinary  Surgeon  is  hereby  created,  and  the  compensation  of  the 
appointee  to  said  office  is  hereby  fixed  at  the  sum  of  $1200.00,  to  be 
paid  in  twelve  equal  monthly  installments. 

Section  2.  The  duties  of  said  Inspector  of  Markets,  Meat  and 
Milk  and  Veterinary  Surgeon  are  hereby  declared  to  be  as  follows. 
He  shall  take  »are  of  all  sick  horses  belonging  to  the  city  depart- 
ments, and  shall  examine  any  horse. or  horses  the  Board  of  Public 
Works  may  direct  him  to  inspect,  and  report  to  the  Board  of  Health 
all  cases  of  suspected  contagious  disease  among  animals;  shall  vigil- 
antly inspect  the  meat,  poultry,  game,  fish,  vegetable  and  fruit  mark- 
ets of  this  city,  and  shall  examine  all  articles  therein  exposed  for  sale. 
If  any  of  the  said  articles  so  exposed  are  in  any  way  unfit  for  human 
consumption,  he  shall  seize  and  forthwith  remove  the  same  at  the 
expense  of  the  owner  in  such  manner,  under  the  direction  of  the 
Health  Department,  as  will  be  for  the  public  interest  and  safety.  He 
shall  have   general  supervision   of  all  dairies   within  the  city   limits, 


256  GENERAL  MUNICIPAL  ORDINANCES 

and  shall  inspect  and  examine  all  milk  brought  into  the  city  or  ex- 
posed or  offered  for  sale  therein.  And  if  said  milk  is  in  any  way 
imfit  for  human  consumption  or  adulterated  with  water  or  any  other 
fluid  or  substance,  he  shall  seize  the  same  and  cause  it  to  be  des- 
troyed in  such  manner  and  in  such  a  way  as  to  him  may  seem  best 
for  the  public  interest  or  safety,  under  the  direction  of  the  Board  ot 
Health,  and  perform  such  other  duties  as  the  Board  of  Health  may 
direct. 

Section  3.  No  person  excepting  a  legally  qualified  veterinary 
surgeon  shall  be  eligible  to  be  appointed  to,  or  occupy  the  office 
hereby  created,  and  appointments  to  said  office  shall  be  made  by  the 
Board  of  Health.  The  appointee  to  hold  office  during  the  pleasure 
of  the  Board. 

Section  4.  In  case  any  article  or  articles  as  provided  for  in  this 
ordinance  shall  be  condemned  and  destroyed  by  the  Inspector  of 
Markets,  Meat  and  Milk,  such  destruction  shall  be  at  the  cost  and 
expense  of  any  person  or  persons  ofifering  the  same  for  sale. 

Section  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance,  or  who  shall  resist  or  obstruct  or  evade  the  Market  In- 
spector in  the  legal  exercise  of  his  ditty,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a 
fme  not  greater  than  two  hundred  and  fifty  ($250.00)  dollars,  and 
in  case  such  line  so  imposed  be  not  paid,  then  by  imprisonment  at 
the  rate  of  one  day  for  every  two  dollars  of  said  fine  remaining  unpaid. 

Section  6.  This  ordinance  sh-i'l  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  Dec.  13,  1894.     Vol.  4,  p.  633.) 


ORDINANCE  No.  1735. 


AN  ORDINANCE  REGUL.^TING  THE  STORAGE  OF 
PICKLES  AND  MATERIALS  THEREFOR  IN  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person,  firm,  association  or  corporation  shall 
store  within  the  limits  of  any  one  Mock  in  the  City  of  Oakland,  over 
one  thousand  gallons  of  pickles  cr  vegetable  products  in  course  of 
preparation  therefor,  unless  the  same  be  kept  in  water  tight  casks, 


OF  THE  CITY  OF  OAKLAND,  CAL.  257 

tanks,  bottles  or  jars  securely  closed,  excepting  in  that  portion  of  the 
city  bounded  on  the  north  and  east  by  First  and  West  First  streets, 
Lewis  street,  West  Third  street  and  the  northerly  line  of  lands  of  the 
Central  Pacific  Railroad  Company  and  the  westerly  prolongation  ot 
the  same. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  $500,  and  in  case  the  said  fine 
tie  not  paid,  then  the  person  so  fined  may  be  imprisoned  in  the  City 
Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two 
dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  Mar.  2,  1896.    Vol.  5,  p.  37.) 


ORDINANCE  No.  1736. 


AN  ORDINANCE  REGULATING  THE  MANUFACTURE  OF 
PICKLES  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  engage  in  the  business,  or  assist  in 
the  business  of  manufacturing  pickles  in  the  City  of  Oakland,  ex- 
cept in  that  portion  of  the  city  bounded  on  the  north  and  east  by 
First,  and  West  First  streets,  Lewis  street.  West  Third  street  and 
the  northerly  line  of  the  lands  of  the  Central  Pacific  Railroad  Com- 
pany and  the  westerly  prolongation  of  the  same. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  $500,  and  in  case  the  said  fine 
be  not  paid,  then  the  person  so  fined  may  be  imprisoned  in  the  City 
Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two 
dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  Mar.  2,  1896.    Vol.  5,  p.  .38.) 


258  GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1802. 


AN  ORDINANCE  CONCERNING  THE  SEPARATION  OF 
ASHES  AND  CINDERS  FROM  SWILL,  GARBAGE, 
FILTH,  OFFAL  OF  ANY  KIND,  MANURE,  RUBBISH 
OR  ANY  OFFENSIVE  OR  ILL-SMELLING  MATTER, 
OR  ANY  ADMIXTURE  OF  SWILL,  GARBAGE,  FILTH, 
OFFAL  OF  ANY  KIND,  OR  ANY  OFFENSIVE  OF  ILL- 
SMELLING  MATTER,  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person,  owner, 
agent  or  occupant  of  any  house,  tenement,  building  or  place  of  busi- 
ness, within  the  City  of  Oakland,  to  cause  or  permit  any  ashes  or 
cinders  that  may  accumulate  on  said  premises,  to  be  or  become  mixed 
v/ith  any  swill,  garbage,  filth,  offal  of  any  kind,  manure,  rubbish  or 
any  offensive  or  ill-smelling  matter,  or  any  admixture  of  swill,  garb- 
age, filth,  offal  of  any  Kind,  or  any  offensive  or  ill-smelling  matter, 
but  said  ashes  or  cindcs  shall  be  deposited  and  kept  until  removed 
in  a  separate  receptacle  from  that  in  which  swill,  garbage,  filth.  ofTal 
of  any  kind,  manure,  rubbish,  or  any  ofifensive  or  ill-smelling  matter, 
or  any  admixture  of  swill,  garbage,  filth,  oflfal  of  any  kind,  or  any 
ofifensive  or  ill-smelling  mattei   is  kept  or  deposited. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred ($100.00')  dollars,  and  in  case  such  fine  be  not  paid,  then  the 
person  so  fined  may  be  imprisoned  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  May  17,  1897.     Vol.  5,  p.  134.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  259 

ORDINANCE  No.  1806. 


AN  ORDINANCE  REQUIRING  THE  DISINFECTION  AND 
FUMIGATION  OF  RESIDENCES  AND  OTHER  PLACES 
WHERE  CONTAGIOUS  DISEASES  HAVE  EXISTED. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Whenever  any  case  of  smal'pox,  diphtheria,  scarlatina. 
Asiatic  cholera,  tuberculosis  or  other  contagious  disease  has  existed 
in  any  building  or  other  place  within  the  City  of  Oakland,  it  shall 
be  the  duty  of  the  householder  or  proprietor  of  such  place,  or,  if  such 
place  has  ceased  to  be  occupied,  then  of  the  owner  thereof,  to  im- 
mediately and  thoroughlj-  fumigate  and  disinfect  said  premises  in  the 
manner  and  to  such  extent  as  the  Health  Department  may  direct. 
The  fumigation  and  disinfection  to  be  done  at  the  expense  of  the 
city. 

Section  2.  Every  person  violating  any  provision  of  this  ordi- 
nance shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  to  exceed  one  hundred  dol- 
lars, and  in  case  such  fine  be  not  paid,  then  the  person  so  fined  shall 
be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  im.poscd  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  im- 
mediately upon  its  approval. 

("Approved  May  2,  1897.     Vol.  5,  p.  139.) 


ORDINANCE  No.  1844. 


AN  ORDINANCE  PROHIBITING  THE  BUSINESS  OF 
GATHERING  AND  DISPOSING  OF  WASTE  OR  OF- 
FENSIVE MATTER  BY  ANY  PERSON,  FIRM  OR  COR- 
PORATION NOT  EXPRESSLY  AUTHORIZED  SO  TO 
DO. 


26o  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person,  firm  or  corporation  not  expressly  author- 
ized by  ordinance  so  to  do  shall  make  a  business  of  gathering  or  dis- 
posing of  any  house  refuse,  butchers'  ofTal,  garbage,  refuse,  dirt, 
ashes,  cinders,  sludge,  crockery,  bones,  dead  animals,  putrid  vege- 
table matter,  or  any  putrid  or  offensive  matter  of  any  character  or 
kind  whatever,  within  the  City  of  Oakland. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deem.ed  guilty  of  a  misdemeanor,  and  upon  con- 
\iction  thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
($100.00)  dollars  and  in  case  said  fine  be  not  paid,  shall  be  imprisoned 
at  the  rate  of  one  (i)  day  for  each  two  ($2.00")  dollars  of  the  fine  so 
imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  approval. 

(Approved  Nov.  4,  1897.     Vol.  S,  p.  195.) 


ORDINANCE  No.  1848. 


AN  ORDINANCE  REGULATING  PLUMBING  AND  DRAIN- 
AGE IN  BUILDINGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  house  or  building  hereafter  erected,  and  every 
addition  to  any  house  or  building  erected  within  the  City  of  Oakland, 
must  have  the  house  drain  constructed  of  extra  heavy  castiron  pipe, 
with  fittings  to  correspond,  where  it  lies  under  the  building,  and  must 
extend  beyond  said  building  or  foundation  walls  not  less  than  one  (i) 
foot.  Said  pipe  and  fittings  to  be  stamped  as  such,  and  said  mark 
to  be  in  plain  sight  for  inspection.  Said  extra  heavy  pipe  to  be  of 
the  following  weights: 

2  inches,  5}^  pounds  per  foot. 

3  inches,  9^  pounds  per  foot. 

4  inches,  13  pounds  per  foot. 

5  inches,  17  pounds  per  foot. 

6  inches,  20  pounds  per  foot. 


OF  THE  CITY  OF  OAKI^AND,  CAL.  261 

At  the  end  of  every  horizontal  line  of  castiron  sewer  pipe  placed 
within  any  building  in  the  City  of  Oakland,  heavy  brass  cleanouts 
with  airtight  screw  joints  must  be  placed,  and  in  no  case  shall  they 
be  less  than  four  (4)  inches  in  diameter  on  the  main  horizontal  line 
and  the  same  size  as  the  pipe  on  all  other  branch  lines.  Waste  pipes 
must  be  of  castiron  or  lead.  Every  line  of  soil  pipe  leading  to  water 
closets  above  first  floor  must  extend  full  bore,  over  in  a  line  with  and 
open  above  main  ridge  of  building.  Every  line  of  waste  pipe  on  or 
above  second  floor,  where  more  than  one  (i)  fixture  branches  into 
the  same,  must  run  full  bore  over  into  a  line  with  and  open  above  main 
ridge  of  building.  All  waste  pipes  in  basement  and  first  floor  to  be 
vented  same  size  of  pipe  as  trap  of  fixture. 

All  vent  pipes  must  be  carried  over  in  a  line  with  and  open  above 
main  ridge  of  building.  In  all  cases  where  a  closet  is  placed  inside  a 
building  or  on  a  porch,  there  must  be  one  (i)  line  of  four  (4)  inch 
pipe  extended  full  bore  above  the  main  ridge  of  building. 

Section  2.  When  a  building  is  moved  from  one  part  of  the  city 
to  another,  or  when  any  new  plumbing  is  done  in  an  old  building 
or  any  sewering  in  connection  therewith  (except  in  case  of  repairs, 
and  repairs  are  dehned  to  consist  of  repairs  of  leaks  in  drain,  soil, 
waste  and  vent  pipes,  and  repairs  on  faucets,  valves  and  water  supply 
pipes)  the  rules  and  regulations  of  this  ordinance  must  be  followed. 

Section  3.  Wherever  the  Sanitary  Inspector  is  required  to  in- 
spect any  plumbing  or  sewerage,  he  shall  be  given  twenty-four  (24) 
hours'  notice  thereof,  and  for  every  unnecessary  notice  so  given  the 
person  giving  the  same  shall  forfeit  to  the  city  and  pay  to  the  Secre- 
tary of  the  Board  of  Health,  for  the  city,  the  sum  of  one  ($1.00)  dollar. 

Section  4.  This  ordinance  shall  not  be  construed  to  repeal  any 
of  the  provisions  of  Ordinance  No.  161Q,  except  where  the  same  are 
in  conflict  with  the  provisions  of  this  ordinance. 

Section  5.     This  ordinance  shall  take  effect  from  "its  approval. 

(Approved  Nov.  13,  1897.    Vol.  5,  p.  200.) 


ORDINANCE  No.  1853. 


AN  ORDINANCE  DECLARING  CERTAIN  STAGNANT 
WATER  AND  SEWERAGE  MATTER  TO  CONSTITUTE 
A  PUBLIC  NUISANCE,  DIRECTING  I'HE  ABATE- 
MENT THEREOF  AND  PROVIDING  A  PENALTY  FOR 
NEGLECT  OR  REFUSAL  TO  ABATE  THE  SAME. 


262  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council. of  the  City  of  Oakland,  as  follows: 

Section  i.  The  stagnant  water  and  sewerage  matter  in  the  chan- 
nels, depressions  and  sloughs  situated  on  that  portion  of  the  West 
Oakland  Marsh  lying  north  of  Twenty-second  street,  west  of  Union 
street,  south  of  Twenty-sixth  street  and  east  of  Peralta  street,  and 
also  in  the  channels,  depressions  and  sloughs  in  that  portion  of  said 
Marsh,  bounded  as  follows,  to-wit: 

Beginning  at  a  point  in  the  southerly  line  on  Second  street  one 
hundred  Cioo)  feet  easterly  from  the  east  line  of  Union  street  and 
running  thence  southerly  fro  a  point  where  the  marsh  land  meets  the 
Southern  Pacific  Railroad  embankment,  thence  following  said  marsh 
line  along  said  embankment  to  the  easterly  line  of  Chester  street; 
thence  northerly  on  said  easterly  line  of  Chester  street  to  the  south- 
erly line  of  Second  street,  thence  easterly  on  said  southerly  line  ot 
Second  street  to  the  easterly  line  of  Cypress  street;  thence  northerly 
on  the  said  easterly  line  of  Cyprees  street  to  the  southerly  line  ot 
Fifth  street;  thence  easterly  on  said  southerly  line  of  Fifth  street  to 
the  westerly  line  of  Union  street;  thence  southerly  on  said  westerly 
line  of  Union  street  one  hundred  (lOo)  feet;  thence  southeasterly  to 
point  of  commencement,  are  hereby  declared  and  adjudged  to  be  of- 
fensive to  the  senses,  injurious  to  health  and  to  constitute  a  public 
nuisance. 

Section  2.  The  owner  or  owners  of  premises  upon  which  any  of 
said  stagnant  water  and  sewerage  matter  is  situated,  and  persons  in 
possession  or  control  thereof  are  hereby  required  to  abate  said 
nuisance  forthwith. 

Section  3.  Any  person,  firm'  or  corporation  being  the  owner  or 
in  possession,  or  control  thereof,  neglecting  or  refusing  to  abate  the 
same  for  a  period  of  five  (5)  days  after  the  passage  and  approval  ot 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  to  exceed  one  hundred  ($100.00^ 
dollars,  and  in  case  the  fine  be  not  paid,  then  said  person  or  persons 
so  fined  shall  be  imprisoned  one  (i)  day  for  each  two  ($2.00)  dol- 
lars of  the  fine  so  imposed  and  remaining  unpaid,  and 

Each  day's  continuance  of  said  nuisance  after  the  expiration  of 
said  five  (5)  days  shall  constitute  a  separate  offense  and  be  punish- 
able as  such. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed;  provided,  however,  that 
nothing  herein  shall  be  construed  as  a  repeal  of  the  whole,  or  any 
part  of  Ordinance  No.  1346. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 

(Approved  Nov.  17,  1897.    Vol.  5,  p.  207.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  263 


ORDINANCE  No.  1854. 


AN  ORDINANCE  REGULATING  THE  SALE  OF  FRESHLY 
SLAUGHTERED  BEEF,  AND  THE  TRANSPORTING 
AND  EXPOSING  FOR  SALE  OF  FRESHLY 
SLAUGHTERED  MEAT  WITHIN  THE  LIMITS  OF 
THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland^  as  /allows: 

Section  i.  No  person,  firm  or  corporation  shall  sell,  or  keep, 
or  offer  for  sale,  either  at  wholesale  or  retail,  within  the  City  of  Oak- 
land, any  freshly  slaughtered  beef  until  the  same  shall  have  been  in- 
spected and  approved  by  the  United  States  Government  Inspector, 
and  the  seal  attached  thereto  according  to  the  Government  regula- 
tions. 

Section  2.  No  person,  firm  or  corporation  shall  within  the  City 
'of  Oakland  convey  fresh  meats  to  be  offered  for  sale  without  cover- 
ing the  same  so  as  to  exclude  dust  therefrom  while  being  transported. 

Section  3.  Every  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed 
one  hundred  ($100.00)  dollars,  and  in  case  said  fine,  or  any  part 
thereof,  be  not  paid,  then  the  person  so  fined  shall  be  imprisoned  in 
the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  (i)  day 
for  each  two  ($2.00)  dollars  of  the  fine  so  imposed  or  remaining  un- 
paid. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  Nov.  17,  1897.    Vol.  5,  p.  210.) 


264  GENERAL  MUNICIPAL  ORDINANCES 


CHAPTKR    VIII. 

Ordinances  Relating  to  OiTy  Wharf,  Dockage,Etc. 


[Note — For   rate   of  license   for   wharves   conducted   by   private 
parties,  see  Ordinance  No.  1480,  page  133,  ante.] 


ORDINANCE  No.  1548. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  CITY 
WHARFINGER,  AND  DEFINING  THE  DUTIES 
THEREOF  AND  FIXING  THE  SALARY  AND  BOND 
OF  THE  INCUMBENT  OF  SAID  OFFICE. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.     The  office  of  City  Wharfinger  is  hereby  created,  the 
duties  of  which  shall  be  as  in  this  ordinance  hereinafter  defined. 

Section  2.     The  City  Wharfinger  shall  be  appointed  by  the  City 
Council  and  shall  hold  office  during  the  pleasure  of  the  Council. 

Section  3.    The  duties  of  said  Wharfinger  are  hereby  defined  as 
follows,  to-wit: 

%First — He  shall  have  general  charge  of  the  water  front  of  the 
city  and  shall  be  at  the  wharves  of  the  city  daily  (Sundays  and  legal 
holidays  excepted)  between  the  hours  of  7  a.  m.  and  5  p.  m.,  and 
also  at  such  other  times  as  the  business  of  the  wharves  may  require, 
or  upon  the  occurrence  of  severe  storms  which  may  endanger  the 
safety  of  the  wharves  and  the  shipping  lying  thereat. 

Second — He  shall  assign  positions  to  all  vessels  and  ferry  boat? 
desiring  to  make  fast  to  the  wharves  of  the  city,  direct  the  distribu- 


OF  THE  CITY  OF  OAKLAND,  CAL.  265 

tion  of  all  freight  and  merchandise  as  the  same  is  discharged  from 
vessels  or  ferryboats  or  delivered  by  teams,'  collect  all  tolls,  wharfage 
and  dockage;  report  all  damages  to  said  wharves  at  once  to  the  Board 
of  Public  Works  and  also  shall  perform  such  other  duties  in  con- 
nection with  said  wharves  and  the  business  thereof  as  may  be  re- 
quired by  the  said  Board. 

Third— He  shall  make  a  daily  record  of  the  business  of  the 
wharves,  which  shall  contain  a  correct  account  of  the  arrival  and 
departure  of  every  vessel  at  or  from  the  wharves,  her  class,  tonnage, 
cargo,  rate  of  dockage,  and  the  tolls  and  wharfage,  chargeable  and 
collected. 

Fourth— On  or  before  the  third  day  of  each  month  he  shall  make 
a  monthly  report  of  the  business  of  the  wharves  for  the  previous 
month  to  the  Council,  and  shall  file  a  copy  of  said  report  with  the 
Auditor  and  Treasurer,  and  shall  pay  over  to  the  Treasurer  all  moneys 
received  by  him  during  the  month. 

Fifth — He  shall  see  that  the  following  regulations  are  strictly 
enforced: 

1st.  Vessels  or  ferryboats  lying  at  the  end  of  any  wharf  shall 
haul  each  way  to  accommodate  vessels  going  in  or  out,  and  shall  rig 
in  the  jibboom  if  specially  ordered  by  him. 

2d.  All  vessels  or  ferryboats  not  discharging  or  receiving  shall 
make  room  for  vessels  and  ferryboats  needing  immediate  accommo- 
dations and  in  all  cases,  vessels  and  ferry  boats  will  haul  or  change 
berths  at  their  own  expense  when  ordered  by  him. 

3rd.  No  vessel  or  ferryboat  shall  be  moved  or  made,  fast  in  such 
a  manner  or  in  such  a  place  as  to  interfere  with  other  vessels  or 
ferryboats  going  into  or  out  of  the  slips  or  through  the  draw. 

4th.  No  ballast  or  heavy  matter  shall  be  thrown  overboard  from 
any  vessel  lying  at  the  wharf  or  in  the  slip,  and  all  rubbish  shall  be 
put  on  the  wharf  and  be  removed  by  the  master  or  owner  of  the 
vessel  from  which  it  came.  Vessels  ballasting  must  have  a  tar- 
paulin placed  from  the  vessel  to  the  wharf,  so  as  to  prevent  any  por- 
tion falling  into  the  dock. 

5th.  No  pitch-tar  or  any  other  combustible  material  shall  be 
heated  on  the  wharf,  and  such  work  shall  be  done  on  floating  stays. 
No  discharging  engine  shall  be  allowed  upon  the  wharf,  unless  the 
same  has  a  good  and  sufficient  spark  catcher. 

6th.     Teams  shall  not  be  driven  upon  the  wharf  faster  than  a  walk. 

Section  4.  Every  captain,  mate,  officer  or  other  person  having 
charge,  control  or  direction  of  a  ship,  tug,  ferryboat,  sailing  craft  or 
other  vessel  landing  or  lying  at  any  of  the  city  wharves,  shall  promptly 
obey  the  orders,  instructions  and  directions  of  the  City  Wharfinger  as 
in  this  ordinance  defined  and  designated. 

Section  5.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 


266  GENERAL  MUNICIPAL  ORDINANCES 

be  punished  by  a  fine  of  not  exceeding  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  6.  The  Council  shall  appoint  such  Assistant  Wharfinger 
as  may  be  required  from  time  to  time,  whose  duties  shall  be  to  assist 
the  City  Wharfinger  in  the  performance  of  his  duties  as  herein  pro- 
vided. 

Section  7.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  8.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  August  3,  1893.    Vol.  4,  p.  460.) 


ORDINANCE  No.  1547. 


AN  ORDINANCE  REGULATING  THE  DOCKAGE,  LOADING 
AND  UNLOADING  OF  SHIPPING,  AND   ESTABLISH- 
ING  THE   RATES    OF   WHARFAGE,    DOCKAGE   AND 
TOLLS  ON  THE  WHARVES  OF  THE  CITY  OF  OAK- 
.      LAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  All  vessels  entering  Oakland  harbor  shall  be  entitled 
to  a  berth  at  the  city  wharves  for  the  purpose  of  discharging  or  load- 
ing cargo  after  an  application  shall  have  been  duly  made  to  the  Citv 
Wharfinger,  stating  the  draught  of  the  vessel  and  the  character  ot 
her  cargo.  Berths  shall  be  assigned  by  the  Wharfinger  to  vessels  in 
the  order  of  their  arrival,  but  no  part  of  the  city  wharves  shall  be 
leased  to  any  person.  The  Wharfinger  shall  from  time  to  time  assign 
slips  and  berths  for  ferryboats  as  the  same  may  be  required. 

Section  2.  Tbe  rates  of  dockage  for  shipping  shall  be  for  each 
day  of  24  hours  or  any  part  thereof  as  follows:  For  all  vessels,  steam 
or  sail,  and  barges  of  200  net  registered  tons  or  under,  2  cents  per 
ton;  for  all  such  vessels  of  over  200  net  registered  tons,  $4  for  the 
first  200  tons  and  ^  of  a  cent  for  each  additional  ton.  Lighters  shall 
pay  a  dockage  rate  of  i  cent  per  ton  per  day,  whether  discharging  into 
or  loading  at  a  wharf,  discharging  into  or  loading  from  a  vessel  lyin^ 
at  a  wharf  J  or  transporting  from  a  vessel  to  a  wharf,  or  from  a  wharJ 


OF  THE  CITY  OF  OAKLAND,  CAL.  267 

to  a  vessel,  but  a  lighter  once  charged  or  having  paid  dockage  at  a 
wharf  for  any  day,  may  use  the  same  or  any  other  wharf,  during  tha*; 
day,  without  further  charge,  no  matter  how  often  she  may  leave  and 
return,  provided  a  receipt  for  payment  at  the  first  wharf  used  be  pro- 
duced. 

[Tolls  ] 

A  ton  is  by  weight  2000  pounds,  unless  otherwise  specified;  by 
measurement  40  cubic  feet.  Merchandise  for  the  purpose  of  tolls  and 
wharfage  must  be  estimated  by  weight  or  measurement  as  the  one 
mode  or  the  other  will  give  the  greater  number  of  tons. 

[Tolls  per  Load.] 

Tolls  on  loads  hauled  on  or  off  a  wharf  are  as  follows: 

On  single  loads  (except  where  the  article  hauled  is  charged  for 
otherwise  than  by  the  ton)  of  a  ton  or  less,  5  cents. 

Of  more  than  a  ton,  for  each  additional  ton  or  part  of  a  ton,  an 
additional  5  cents. 

On  merchandise  (except  where  otherwise  specified)  per  ton  5 
cents. 

On  hay  discharged  from  a  vessel  on  any  wharf,  per  ton  10  cents. 

On  hay  hauled  on  to  any  wharf,  per  ton  5  cents. 

On  hay  discharged  from  any  vessel  lying  at  any  wharf  or  in  any 
slip,  dock  or  basin  into  another  vessel,  or  received  into  any  sucii 
vessel  from  any  lighter  or  other  vessel,  per  ton  5  cents. 

On  hay  shipped  from  any  wharf  there  are  no  tolls  for  such  ship- 
ment, apart  from  those  paid  for  discharging  or  hauling  the  hay  on 
the  wharf. 

Of  the  following  articles  2240  pounds  constitute  a  ton:  Coal,  rail- 
road iron,  pig  iron,  gypsum ,  asphaltum,  ores,  paving  stones,  sand 
and  ballast. 

Agricultural  implements,  to-wit:  Reapers,  mowers,  headers,  sepa- 
rators, horse  rakes,  hay  presses,  plows,  cultivators,  and  wheel  vehicles, 
when  knocked  down,  will  be  taken  by  measurement. 

On  wheat  or  flour  shipped  from  any  wharf,  no  tolls  will  be  col- 
lected for  such  shipment. 

[Tolls  Cbargfed  Otherwise  Than  by  the  Ton.] 

On  the  following  articles  tolls  must  be  collected  as  follows: 

On  fir,  redwood,  spruce,  and  all  soft  wood  lumber,  per  thousand 
feet,  board  measure,  5  cents. 

On  oak.  hickory,  ash  and  all  hardwood  lumber,  per  thousand 
feet,  board  measure,  10  cents. 

On  piles  discharged  in  any  slip,  dock,  basin  or  canal,  per  pile,  3 
cents. 


268  GENERAL  MUNICIPAL  ORDINANCES 

On  fence  posts,  per  lOO  or  fractional  part  thereof,  5  cents. 

On  railroad  ties,  per  1000  feet  of  lumber,  board  measure,  or  frac- 
tional part  thereof,  contained  therein,  5  cents. 

On  redwood  shingles,  per  40  bundles  or  fractional  part  thereof, 
S  cents. 

On  cordwood,  per  cord,  5  cents. 

On  tanbark  and  stave  bolts,  per  cord,  10  cents. 

On  bricks  hauled  or  discharged  on,  or  loaded  from,  any  wharf, 
per  1000  or  fraction  thereof,  10  cents. 

On  wool  in  sacks,  per  sack,  i  cent. 

On  wool  in  bales,  strapped,  per  bale,  ij^  cents. 

On  hops  in  bales,  per  bale,  i  cent. 

On  hides  of  cattle  (green  or  dry)  per  hide,  34  cent. 

On  sheep  skins,  per  skin,  1-16  cent. 

On  goat  skins,  per  skin,  »-i6  cent. 

On  deer  skins,  per  skin,  1-16  cent. 

On  seal  skins,  per  skin,  1-16  cent.       , 

On  not  specified  skins,  1-16  cent. 

On  cattle,  horses  or  mules,  per  head,  5  cents. 

On  colts  and  calves  under  a  year  old,  per  head,  2^/2  cents. 

On  sheep  and  hogs,  per  head,  i  cent. 

Reapers,  mowers,  horse  rakes,  hay  presses,  gang  plows,  culti- 
vators and  wheeled  vehicles,  set  up,  each  10  cents. 

Headers  and  separators,  set  up,  each  20  cents. 

On  empty  barrels  (merchandise)  each  J-^  cent. 

On  empty  packages,  being  returned  to  the  owner,  who  uses 
them  to  send  commodities  to  market  in,  no  tolls  will  be  collected. 

On  any  package  of  merchandise  carried  by  hand  on  to  any  wharf, 
and  intended  for  sale,  5  cents. 

Tolls  are  due  and  payable  on  merchandise  as  soon  as  discharged 
from  a  vessel,  and  on  merchandise  for  shipment  as  soon  as  it  is  placed 
on  a  wharf.  No  tolls  will  be  collected  on  donkey  engines  nor 
stevedores'  tools  when  taken  on  a  wharf  for  the  purpose  of  loading 
or  discharging  a  vessel.  Merchandise  landed  on  a  wharf,  and  not 
removed  therefrom,  may  be  reshipped  from  the  same  wharf,  on  the 
payment  of  one  toll  and  the  wharfage,  if  any  due  thereon. 

Section  3^/2.  On  merchandise  discharged  and  remaining  on  the 
wharf  over  24  hours  shall  be  charged  wharfage  for  each  44  hours  until 
removal  at  the  same  rate  as  the  tolls  hereinbefore  provided.  All 
such  merchandise  shall  be  promptly  removed  at  any  time  when  re- 
quired by  the  Wharfinger,  and  in  no  event  shall  remain  on  the  wharf 
to  exceed  ten  days.  On  merchandise  received  for  shipment  and  re- 
maining on  the  wharf  over  24  hours  before  shipment,  the  same  rate 
of  wharfage  shall  be  charged  as  in  this  section  provided  for  mer- 
chandise received  and  remaining  upon  the  wharf.  Vessels  taking 
in  ballast  shall  be  charged  one-half  rates. 


OF  THE  CITY  OF  OAKLAND,  CAL.  269 

Section  4.  Any  vessel  leaving  a  wharf  >vithout  paying  charges 
will  be  put  on  the  black  list,  and  must  pay  fifty  per  cent  additional 
charges  and  $10  fine  before  it  can  dock  again. 

Section  5.  Every  steam  engine  used  upon  the  city  wharves  for 
loading  or  unloading  cargo  shall  have  upon  its  smokestack  a  bonnet 
or  spark  catcher  that  will  effectually  prevent  sparks  from  falling  upon 
said  wharves  or  upon  the  deck  of  any  vessel. 

Section  6.  Rubbish  or  other  substance  on  which  no  wharfage 
is  charged  shall  be  removed  from  the  wharf  by  the  person  placing  it 
there,  and  on  default  it  must  be  removed  by  the  Wharfinger  at  such 
person's  expense.  Coal  screens,  donkey  engines  and  all  stevedores' 
tools  and  appliances  must  be  removed  from  the  wharf  when  directed 
by  the  Wharfinger. 

Section  7.  In  case  any  damage  is  done  to  a  wharf,  shed  or  other 
structure  on  the  water  front  by  a  vessel  or  otherwise,  the  said  dam- 
age, together  with  the  name  of  the  vessel  or  person  causing  it,  must 
be  reported  forthwith  by  the  Wharfinger  to  the  Board  of  Public 
Works,  and  the  expense  of  the  repairs  of  said  damage  shall  be  charged 
against  such  vessel  or  individual. 

Section  8.  All  ordinances  or  parts  of  ordir^nces  in  conflict  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  9.  This  ordinance  shall  take  effect  immediately  upon 
its  approval. 

(Approved  August  3,  1893.     Vol.  4,  p.  456.) 


ORDINANCE  No.  1794. 


AN  ORDINANCE  AUTHORIZING  AND  PERMITTING 
JAMES  P.  TAYLOR  TO  ERECT  AND  MAINTAIN  AT 
HIS  OWN  EXPENSE,  FOR  THE  PERIOD  OF  ONE 
YEAR  AND  ELEVEN  AND  ONE-HALF  MONTHS,  A 
COAL  BUNKER,  ON  THE  SOUTH  END  OF  THE 
FRANKLIN  STREET  WHARF,  IN  THE  CITY  OF  OAK- 
LAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  On  the  south  end  of  the  Franklin  street  wharf,  in  the 
City  of  Oakland,  and  extending  thereupon  to  a  line  one  hundred  and 
eighty   (i8o)    feet   northerly   therefrom,  James   P.   Taylor   is   hereby 


270  GENERAL  MUNICIPAL  ORDINANCES 

empowered  and  authorized  to  erect  and  maintain,  for  the  period  of 
one  year  and  eleven  and  one-half  months  after  the  passage  of  this- 
ordinance,  a  coal  bunker,  for  his  own  private  and  exclusive  use. 

Section  2.  All  coal  bunkers,  buildings  and  improvements  erected 
on  Franklin  street  wharf  under  and  in  pursuance  of  authority  given 
by  this  ordinance  to  James  P.  Taylor  shall  be  by  him,  his  executors 
or  assigns,  removed  therefrom  at  any  time  within  sixty  (60)  days 
after  the  expiration  of  the  lime  for  which  the  right  to  erect  and  main- 
tain such  coal  bunker  is  hereby  granted. 

Section  3.  This  ordinance  shall  take  effect  anb  be  in  force  from 
and  after  its  passage  and  approval. 

(Passed  over  veto  March  25,  1S97.    Vol.  5,  p.  121.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  371 


CHAPTKR     IX. 

Ordinances  Relating  to  the  City  Pound. 


ORDINANCE  No.  820. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  POUND- 
MASTER  AND  DEFINING  HIS  DUTIES;  TO  PREVENT 
CERTAIN  ANIMALS  FROM  RUNNING  AT  LARGE, 
AND  TO  PROVIDE  FOR  THE  BURIAL  OF  DEAD 
ANIMALS  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  The  office  of  Poundmaster  is  hereby  created,  and  it 
is  hereby  made  the  duty  of  the  City  Council  to  appoint  some  suitable 
person  to  fill  said  office  immediately  upon  the  approval  of  this  ordi- 
nance; said  Poundmaster  shall  hold  his  office  during  the  pleasure  of 
the  City  Council,  and  shall  perform  the  duties  and  receive  the  fees 
hereinafter  set  forth,  which  said  fees  shall  constitute  his  entire  com- 
pensation for  the  duties  performed  under  this  ordinance,  to  be  col- 
lected from  the  owner  or  possessor,  or  from  the  sale  of  any  animals 
impounded,  and  in  no  case  to  become  a  charge  against  the  City  of 
Oakland,  except  as  hereinafter  provided.  (Amendment  approved 
April  24,  1893.     Vol.  4,  p.  414.) 

Section  2.  The  Poundmaster  shall  erect  or  cause  to  be  erected 
at  his  own  expense,  in  a  location  to  be  approved  by  the  City  Council, 
a  suitable  inclosure  to  keep  and  safely  hold  all  animals  hereinafter 
enumerated  and  subject  to  be  impounded,  which  shall  be  known  as  the 
City  Pound. 

Section  3.  The  Poundmaster,  before  entering  upon  the  dis- 
charge of  the  duties  of  his  office,  shall  make  and  execute  a  good  and 


272  GENERAL  MUNICAPAL  ORDINANCES 

sufficient  bond,  with  two  or  more  sureties  in  the  sum  of  one  thousand 
dollars,  payable  to  the  City  of  Oakland,  conditioned  for  the  faithful 
performance  of  his  duties  as  such  Poundmaster,  and  shall  have  power 
to  appoint  such  number  of  deputies,  not  exceeding  two,  as  in  his 
judgment  may  be  necessary  to  assist  him  in  carrying  out  the  pro- 
visions of  this  ordinance,  said  appointments  to  be  made  in  writing 
filed  in  the  office  of  the  City  Clerk.  (Amendment  approved  Feb- 
ruary 9,  1883.     Vol.  3,  p.  94.) 

Section  4.  It  is  hereby  declared  unlawful  for  any  ox,  bull,  cow, 
horse,  colt,  jack,  mule,  calf,  sheep,  goat  and  hog,  ducks  and  geese 
to  run  at  laJ-ge  in  the  City  of  Oakland,  or  to  be  pastured  or' herded 
(or  staked  or  tied  for  the  purpose  of  grazing)  in  any  of  the  streets, 
lanes,  alleys^  courts  or  places,  public  squares  or  other  grounds  be- 
longing to  or  under  the  control  of  the  City  of  Oakland,  and  it  shall 
l)e  unlawful  for  any  of  said  animalfi  or  stock  of  any  kind  to  be  tied, 
staked  pastured  or  to  run  at  large  upon  any  private  property  within 
th  limits  of  said  City  of  Oakland,  unless  by  consent  of  the  owner  or 
occupant  of  such  property. 

Section  5.  It  shall  be  the  duty  of  the  Poundmaster  to  take  up, 
impound  and  safely  keep  any  of  the  animals  enumerated  in  Section 
4  of  this  ordinance  found  running  at  large,  staked,  tied  or  being  herded 
or  pastured  in  any  street,  lane,  alley,  court  or  place,  or  public  ground, 
or  upon  any  private  lot  or  ground  in  the  City  of  Oakland,  contrary 
to  the  provisions  of  Section  4  of  this  ordinance.  When  any  animal 
is  so  impounded,  the  Poundmaster  shall  immediately  notify  the  owner 
thereof,  if  known  to  him,  and  shall  post  three  notices^  one  on  the 
City  Hall  bulletin  board,  one  at  the  postoffice  and  one  where  the 
animal  was  taken  from.  Said  notices  shall  contain  a  full  description 
of  said  animals  and  shall  set  forth  that  unless  reclaimed,  will  be  sold 
at  public  auction  to  the  highest  bidder  at  a  time  and  place  to  be 
specified  in  said  notice,  which  shall  not  be  less  than  five  nor  more 
than  ten  days,  from  the  posting  thereof,  and  if  said  animals  are  not 
reclaimed  before  the  expiration  of  the  time  specified  in  the  said  notice, 
the  Poundmaster  shall  proceed  to  sell  the  same  at  the  time  and  place 
in  manner  specified  in  said  notice,  provided  that  all  animals  so  taken 
into  the  custody  of  the  Poundmaster,  which  by  reason  of  age  or 
disease  or  other  infirmity  are  unfit  for  further  use,  or  arc  dangerous 
to  be  kept  impounded,  shall  be  destroyed  by  him  (after  examination 
by  the  Veterinary  Surgeon  of  the  Society  for  the  Prevention  of 
Cruelty  to  Animals)  within  twelve  hours  from  the  time  such  animals 
have  been  impounded,  and  in  the  case  of  such  animals  he  shall  not 
be  required  to  give  the  aforesaid  notice.  (Amendment  approved 
May  23,  1894.    Vol.  4,  p.  556.) 

Section  6.  The  owner  of  any  animal  impounded  shall  have  the 
right  to  reclaim  the  same  at  any  time  prior  to  the  sale  thereof  upon 
payment  to  the   Poundmaster  of  the  costs   and  charges   hereinafter 


OF  THE  CITY  OF  OAKLAND,  CAL.  273 

provided  in  this  ordinance,  for  impounding  and  keeping  said  animai, 
or  if  sold,  to  receive  the  proceeds  of  the  sale  thereof,  less  the  costs 
and  charges  aforesaid,  within  thirty  days  after  such  sale,  upon  satis- 
factory proof  of  his  or  her  ownership  of  the  property  sold,  duly  made 
before  the  Police  Judge  of  the  City  of  Oakland. 

Section  7.  The  Poundmaster  shall  cause  all  animals  impounded 
by  him  to  be  provided  with  sufficient  food  and  water  suitable  for 
such  animals,  and  upon  his  neglecting  so  to  do  shall  be  liable  to  the 
owner  for  all  damages  arising  therefrom. 

Section  8.  The  Poundmaster  shall  be  entitled  to  receive  from 
the  owner  of  any  animal,  except  dogs,  the  following  fee  for  impound- 
ing and  keeping  the  same,  to-wit: 

Horses,  bulls,  oxen  and  cows,  per  head., ..$4  00 

Jacks,  muleSj  steers  and  colts,  per  head 4  00 

Hogs,  sheep,  goats  and  calves,  per  head i  50 

Ducks  and  geese,  per  head 25 

And  the  further  sum  for  keeping  the  same  per  day: 

Horses,  bulls,  oxen  and  cows,  per  head 50 

Jacks,  mules,  steers  and  colts,  per  head 50 

Hogs,  sheep,  goats  and  calves,  per  head 25 

Ducks  and  geese,  per  head ' 05 

With  twenty  per  cent  on  the  grof-s  sales  made  by  him  as  herein- 
before provided. 
Section  9.  It  is  hereby  declared  unlawful  for  any  dog  of  the 
age  of  six  months  and  upwards  not  duly  licensed  and  registered  in 
accordance  with  the  provisions  of  an  ordinance  entitled  "An  Or- 
dinance Providing  for  the  Licensing  and  Registration  pi  Dogs  in 
the  City  of  Oakland,"  approved  July  10,  1873,  to  run  or  be  at  large  in 
any  of  the  streets,  lanes,  alleys,  courts  or  places,  or  public  grounds 
in  said  City  of  Oakland;  and  it  is  hereby  made  the  duty  of  the  Pound- 
master  to  take  up  and  impound  any  dog  of  the  age  of  six  months  and 
upwards  not  licensed  and  registered,  found  running  at  large  in  any 
street,  lane,  alley,  court  or  place,  or  public  grounds  in  said  City  of 
Oakland.  Any  dog  of  the  age  of  six  months  and  upwards  so  im- 
pounded may  be  redeemed  by  the  owner  or  possessor  thereof  within 
three  days,  upon  the  payment  to  the  said  Poundmaster  of  the  sum  of 
three  dollars,  and  ten  cents  for  each  day  for  keeping  the  same.  All 
dogs  of  the  age  of  six  months  and  upwards  not  redeemed  as  herein 
provided  shall  be  sold  or  killed  by  the  Poundmaster  and  any  licensed 
and  registered  dog  found  running  at  large  without  a  tag  as  required 
by  law  shall  be  taken  to  the  Pound,  and  if  claimed  by  the  owner 
within  three  days,  the  Poundmaster  shall  be  entitled  to  receive  the 
sum  of  one  dollar  from  the  owner  or  possessor  thereof  as  a  fee  for 
impounding  the  same.  And  all  dogs  of  the  age  of  six  months  and 
upwards  impounded  and  unclaimed  and  not  sold  by  the  Poundmaster 


274  GENERAL  MUNICIPAL  ORDINANCES 

within  three  days  shall  be  killed  and  buried  in  the  city  burial  place 
for  dead  animals  by  the  Poundmaster,  and  he  shall  be  entitled  to 
receive  from  the  city  a  fee  of  one  dollar  each  therefor.  (Amendment 
approved  June  6,  1889.    Vol.  3,  p.  337.) 

[Note. — Section  2  of  the  ordinance  amending  the  preceding  sec- 
tions provides  as  follow*: 

"Nothing  in  this  ordinance  shall  be  construed  as  operating  against 
dogs  under  six  months  old,  which  shall  be  exempt  from  seizure,  im- 
poundment and  slaughter."] 

Section  10.  If  any  animal  impounded  under  the  provisions  of 
this  ordinance  be  not  redeemed  or  sold  within  the  time  and  in  the 
manner  specified,  the  Poundmaster  shall  kill  and  bury  the  same  in 
the  city  burial  place  for  dead  animals  in  the  manner,  and  for  whicti 
he  shall  be  entitled  to  receive  the  fee,as  hereinafter  provided,  for  the 
burial  of  dead  animals. 

Section  11.  It  shall  be  the  duty  of  all  persons  having  dead 
animals  upon  their  premises,  or  who  shall  be  the  owner  or  possessor 
of  any  dead  animal  which  die  within  the  City  of  Oakland,  to  burv 
the  same  at  least  four  feet  underground,  except  cats,  dogs  or  fowl, 
which  shall  be  buried  at  least  two  feet  underground,  either  upon  his 
own  premises  or  in  the  city  burial  place  for  dead  animals,  within  forty - 
eight  hours  after  the  same  shall  die;  and,  upon  the  request  of  any 
owner  or  possessor  of  any  dead  animal,  it  shall  be  the  duty  of  the 
Poundmaster  to  proceed  forthwith  to  bury  the  same  in  the  city  burial 
place  for  dead  animals,  for  which  he  shall  be  entitled  to  receive  from 
the  owner  or  possessor  of  such  dead  animals,  the  following  fees, 
to- wit: 

For  burying  horses,  bulls,  oxen  and  cows,  each $5  00 

For  burying  jacks,  mules,  steers  and  colts,  each 4  00 

For  burying  hogs,  sheep,  goats  and  calves,  each 3  00 

For  burying  ducks  and  geese,  each 25 

For  burying  dogs,  each 100 

Section  12.  If  any  person  fail  or  neglect  to  bury  any  dead  animal, 
as  provided  for  in  this  ordinance,  then  in  such  case  it  shall  be  the 
duty  of  the  Poundmaster  to  proceed  forthwith  to  bury  the  same: 
and  it  shall  be  lawful  for  the  Poundmaster  to  charge  to  and  to  re- 
cover from  the  owner  or  possessor  of  such  dead  animal  the  fees  here- 
inbefore provided;  and  if  any  such  person  shall  neglect  or  refuse  to 
notify  the  Poundmaster  of  any  dead  animal  upon  his  premises,  or  of 
which  he  is  the  owner  or  possessor,  or  to  pay  the  Poundmaster  the 
fee  as  hereinbefore  provided,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less 
than  ten  dollars  nor  more  than  thirty  dollars;  and  in  default  of  the 
payment  thereof,  shall  be  imprisoned  in  the  City  Prison  of  the  City 
of  Oakland  one  day  for  every  two  dollars  of  such  fine.  And  in  case 
<he   Poundmaster,   after  diligent  search,   cannot   find  the   owner   or 


OF  THE  CITY  OF  OAKLAND,  CAL.  275 

possessor  of  such  dead  animal,  and  shall  make  oath  to  that  effect, 
then  he  shall  be  entitled  to  one-half  of  the  said  fees  from  the  Cit/ 
of  Oakland  for  the  burial  of  such  dead  animal.  (Amendment  ap- 
proval November  18,  1886.    Vol.  3,  p.  221.) 

Section  13.  If  any  person  shall  rescue  any  animal  from  the 
possession  of  the  Poundniaster  while  conveying,  or  being  about  to 
convey,  the  same  to  the  City  Pound,  or  shall  make  any  Pound  breach, 
or  in  any  way  directly  or  indirectly  convey  or  deliver  any  animal  out 
of  the  City  Pound  without  lawful  authority,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  not  less  than  ten  dollars  nor  more  than  fifty  dollars;  and  in 
default  of  the  payment  thereof,  shall  be  imprisoned  in  the  City  Prison 
one  day  for  every  two  dollars  of  such  fine. 

Section  14.  The  Poundmaster  shall  make  a  true  and  correct 
report^  under  oath,  to  the  City  Council  on  the  first  Monday  of  each 
month  of  all  the  animals  of  each  kind  impounded  by  him  during  the 
month;  of  the  number  redeemed  and  sold,  and  the  amount  received 
therefor,  and  the  number  killed  of  each  kind,  with  the  number  and 
kind  buried  and  the  amount  received  therefor. 

Section  15.  The  Poundmaster  shall,  before  he  proceeds  to  kill 
any  animals  subject  to  be  killed  under  the  provisions  of  this  or- 
dinance, notify  the  Captain  of  Police  of  his  intention  to  kill  such 
animals,  who  shall  detail  an  officer  of  the  police  force  to  be  present 
at  the  time  and  place  of  the  killing  of  such  animals. 

Section  16.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  17.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval.  , 

(Approved  May  13,  1879.    Vol.  2,  p.  711.) 


ORDINANCE  No.  866. 


AN  ORDINANCE  SUPPLEMENTAL  TO  AN  ORDINANCE 
ENTITLED  "AN  ORDINANCE  CREATING  THE  OF- 
FICE OF  POUNDMASTER  AND  DEFINING  HIS 
DUTIES,  TO  PREVENT  CERTAIN  ANIMALS  FROM 
RUNNING  AT  LARGE,  AND  TO  PROVIDE  FOR  THE 
BURIAL  OF  DEAD  ANIMALS  IN  THE  CITY  OF  OAK- 
LAND," APPROVED  MAY  13,  1879- 


276  GENERAL  MUNICIPAI,  ORDINANCES 

The  Council  of  the  City  of  Oaktand  do  ordain  as  follows: 

Section  i.  Every  person  taking  up  any  animal  liable  to  be  im- 
pounded under  the  provisions  of  any  ordinance  of  this  city,  shall, 
within  twelve  hours  after  taking  up  such  animal,  or  if  the  same  be 
attached  to  a  vehicle  within  four  hours,  give  notice  thereof  to  the 
Poundkeeper  or  Chief  of  Police,  and  the  Poundkeeper  shall  there- 
upon take  such  animal  into  his  custody,  and  every  person  to  whom 
such  animal  may  be  delivered  or  who  shall  receive  the  same  shall 
forthwith  on  demand  deliver  such  animal  to  the  Poundkeeper. 

Any  person  who  shall  violate  any  of  the  provisions  of  this  or- 
dinance shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dol- 
lars, and  in  default  of  the  payment  of  such  fine  shall  be  imprisoned 
at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  imposed. 

Section  2.    Thb  ordinance  shall  take  effect  immediately. 

(Approved  January  9,  1890.    Vol.  3,  p.  20.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  277 


CHAPTER    X. 

Ordinances  Relating  to  Numbering  of  Buildings. 


ORDINANCE  No.  506. 


AN  ORDINANCE  PROVIDING  FOR  THE  NUMBERING  OF 
BUILDINGS  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  (Repealed  by  Ordinance  No.  1335,  approved  Septem- 
ber 30,  1891.    Vol.  3,  p.  704.) 

Section  2.  South  Front  street  shall  be  the  starting  point  for  the 
numbers  on  all  buildings  fronting  on  streets  running  therefrom  in 
a  northerlj'  direction,  and  East  Front  street  ^hall  be  the  starting  point 
for  numbers  on  all  buildings  fronting  on  streets  running  there- 
from in  a  westerly  direction.  The  easterly  shore  of  Lake  Merntt 
and  San  Antonio  creek  shall  be  the  starting  point  for  numbering  the 
buildings  on  all  streets  running  tlierefrom. 

Section  3.  On  a\l  streets  the  numbers  on  the  northerly  and  east- 
erly sides  thereof  shall  be  even  numbers  and  on  the  southerly  and 
westerly  sides  thereof  shall  be  odd  numbers. 

Section  4.  In  the  territory  bounded  by  Market  street  on  the 
west,  the  old  charter  line,  San  Pablo  avenue  and  Fourteenth  street 
on  the  north.  East  Front  street  op  the  east,  and  South  Front  street 
on  the  south,  50  numbers  shall  be  allotted  to  each  block,  except  the 
blocks  between  Fifth  street  and  Seventh  street  and  the  blocks  between 
Twentieth  street  and  Lydia  street,  to  each  of  which  25  numbers  will 
be  allotted. 

In  the  territory  bounded  by  Market  street  on  the  east,  Peralta 
street  on  the  west,  South  Front  street  on  the    south    and  the  old 


278  GENERAL  MUNICIPAIy  ORDINANCJEiS 

charter  line  on  the  north,  50  numbers  will  be  allotted  to  each  block 
fronting  on  streets  running  east  and  west,  and  100  numbers  to  each 
block  fronting  on  streets  running  north  and  south,  except  the  blocks 
between  Fifth  street  and  Eighth  street,  to  each  of  which  50  numbers 
will  be  allotted. 

In  the  territory  west  of  Peralta  street  and  south  of  the  old  charter 
line  50  numbers  will  be  allotted  to  each  block  fronting  on  streets 
running  east  and  west,  and  upon  streets  running  north  and  south 
100  numbers  will  be  allotted  to  each  block  between  South  Front  and 
Pearl  streets;  50  numbers  to  each  block  between  Pearl  and  Atlantic 
streets;  25  numbers  to  each  block  between  Atlantic  street  and  Rail- 
road avenue;  50  numbers  to  the  block  between  Railroad  avenue  and 
Eighth  street;  50  numbers  from  Railroad  avenue  to  Division  street; 
^S  numbers  to  each  block  from  Division  street  to  Seward  street;  50 
numbers  to  each  block  from  Seward  street  to  Twelfth  street;  and  100 
numbers  to  each  block  from  Twelfth  street  to  the  old  charter  line. 

In  that  portion  of  the  city  east  of  Eake  Merritt  and  the  northerly 
arm  of  San  Antonio  creek  50  numbers  shall  be  allotted  to  each  block. 

The  initial  number  in  each  block  shall  be  rated  according  to  its 
distance  from  the  intersection  of  Cypress  and  South  Front  street, 
Twelfth  and  East  Front  street,  or  Adams  and  the  eastern  shore  of 
Lake  Merritt;  so  that  the  initial  number  in  every  block  fronting  upon 
any  one  street  shall  be  identical  throughout  the  entire  length  of  the 
street.  Not  less  than  twenty  feet  in  frontage  of  all  vacant  lots  ot 
ground  shall  be  allowed  for  each  number. 

Section  5.  The  appropriate  numbers  shall  be  placed  upon  all 
buildings  within  the  territory  bounded  by  the  west  line  of  Adeline 
street  on  the  west,  Fourteenth  street  and  East  Madison  street  on  the 
north,  Friedman  street  and  the  extension  southerly  of  the  same  on  the 
east,  and  South  Front  sti;eet  on  the  south  within  90  days  after  the 
passage  of  this  ordinance;  and  the  proper  numbers  of  the  entrance  to 
any  building  which  ma}'  hereafter  be  erected  within  the  last  above- 
described  limits  shall  be  placed  thereon  within  two  weeks  after  the 
said  building  shall  have  been  completed. 

Section  6.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  pay  a  fine  of  not  less  than  five  dollars  nor  more 
than  ten  dollars,  and  in  case  the  fine  be  not  paid,  such  person  or  per- 
sons may  be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars 
of  the  fine  imposed.  (Amended  bj  ordinance  approved  September 
20,  1888.     Vol.  3,  p.  314) 

Section  7.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  8.  This  ordinan.cc  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  December  2^  1872.     Vol.  2,  p.  208.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  279 

ORDINANCE  No.  712. 


AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE 
ENTITLED  "AN  ORDINANCE  PROVIDING  FOR  THE 
NUMBERING  OF  BUILDINGS  IN  THE  CITY  OF  OAK- 
LAND," APPROVED  DEC.  2,  1872. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  In  the  territory  bounded  on  the  east  by  Broadway 
and  westwardly  by  San  Pablo  avenue,  and  lying  north  of  Fourteenth 
street,  fifty  (50)  numbers  shall  be  allotted  to  each  block  fronting  on 
streets  running  north  and  south,  except  the  blocks  between  Twen- 
tieth and  Jones,  between  Twenty-fifth  and  Twenty-sixth,  and  between 
Thirty-second  and  Thirty-third,  to  each  of  which  twenty-five  (25) 
numbers  shall  be  allotted. 

[Note — This  section  has  been  amended  as  to  Telegraph  avenue, 
San  Pablo  avenue  and  Valley  street  by  Ordinance  No.  1623  post, 
which  see.    Approved  August  15,  1894.     Vol.  4,  p.  590.] 

Section  2.  In  the  territory  bounded  on  the  east  by  San  Pablo 
avenue  and  on  the  west  by  Peralta  street,  lying  between  Twenty- 
second  and  Thirty-sixth  streets,  filty  (50)  numbers  shall  be  allotted 
to  each  block  fronting  on  streets  running  east  and  west,  and  one  hun- 
dred (100)  numbers  to  each  block  fronting  on  streets  running  north 
and  south. 

Section  3.  The  numbers  on  all  streets  running  parallel  with 
San  Pablo  avenue  shall  commence  at  Twenty-eighth  street,  and  one 
hundred  (100)  numbers  shall  be  allotted  to  each  block.  The  num- 
bers on  A,  B,  C  and  D  streets  shall  commence  at  San  Pablo  avenue, 
and  fifty  (50)  num.bers  shall  be  allotted  to  each  block. 

Section  4.  Peralta  street,  San  Pablo  avenue  and  Telegraph 
avenue  shall  be  numbered  as  streets  running  north  and  south;  the 
initial  number  in  each  block  upon  said  streets  shall  be  the  same  as 
in  corresponding  blocks  upon  Adeline  street. 

[Note— This  section  has  been  amended  as  to  San  Pablo  avenue 
and  Telegraph  avenue  by  Ordinance  No.  1623  post,  which  see.  Ap- 
proved August  15.  1894.    Vol.  4,  p.  590.] 

Section  5.  The  initial  number  on  all  streets  on  the  west  line  of 
Telegraph  avenue  shall  be  five  hundred  and  one.  (501),  and  one  hun- 
dred and  fifty  (150)  numbers  shall  be  allotten  to  each  block  thereon  be- 


28o  GENERAL  MUNICIPAL  ORDINANCES 

tween  Telegraph  and  San  Pablo  avenues,  except  the  block  between 
West  and  Market,  to  which  one  hundred  (lOO)  numbers  shall  be 
allotted. 

Section  6.  To  Prospect  place  fifty  C50)  numbers  shall  be  allotted 
to  the  block  between  Broadway  and  Telegraph  avenue;  and  to  Orch- 
ard avenue  twenty-five  (25)  numbers  to  each  block  from  Broadway  to 
Summit  street;  and  to  Hawthorne  and  Plymouth  avenue,  and  to  Ed- 
ward street,  fifty  (50)  numbers  shall  be  allotted  between  Broadway 
and  Telegraph  avenue. 

[Note — This  section  has  been  amended  as  to  Plymouth  avenue 
and  Edward  street  by  Ordinance  No.  1396  post,  which  see.  Approved 
January  25,  1892.    Vol.  4,  p.  76.] 

Section  7.  The  numbering  of  Elm  avenue  shall  commence  at 
Hawthorne  avenue;  Andover  street  at  Plymouth  avenue;  Summit 
street  at  Prospect  place;  Valley  street  at  Walnut  street;  Webster 
avenue  at  Webster  .street;  Brook  street  at  Orchard  avenue;  and  fifty 
(50)  numbers  shall  be  allotted  to  each  block  upon  said  streets  and 
avenues. 

Section  8.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  February  21,   1877.     Vol.  2,  p.  519.) 


ORDINANCE   No.  729. 


AN  ORDINANCE  PROVIDING  FOR  THE  NUMBERING  OF 
BUILDINGS  IN  THAT  PORTION  OF  THE  CITY  OF 
OAKLAND  LYING  EASTWARDLY  FROM  BROAD- 
WAY AND  NORTH  OF  FOURTEENTH  STREET. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  In  that  portion  of  the  city  lying  to  the  eastward  of 
Broadway  and  northward  of  Fourteenth  street,  and  bounded  on  the 
eastward  by  Lake  Merritt  and  the  eastern  line  of  the  city,  fifty  (50) 
numbers  shall  be  allotted  to  each  block  between  Fourteenth  and 
Seventeenth  streets,  and  one  hundred  numbers  between  Seventeenth 
and  Durant  streets.  Fourteenth,  Fifteenth,  Sixteenth  and  Seven- 
teenth streets  shall  for  the  purpose  of  numbering  be  deemed  as  ex- 
tensions of  the  said  streets  on  a  straight  line  eastwardly  from  such 
points  as  they  may  at  present  terminate. 


OF  THE  CITY  OF  OAKLAND,  CAL.  281 

Between  Durant  street  and  Twentieth,  between  Twentieth  and 
Walnut  and  between  Walnut  and  Elm,  one  hundred  numbers  shall  be 
allotted  to  each  block.  The  initial  number  in  each  block  in  the  above 
named  territory,  upon  streets  running  east  and  west  shall  be  uniform 
with  the  initial  number  of  the  same  tier  of  blocks  upon  streets  south 
of  Fourteenth  street. 

Section  2.  The  appropriate  number  shall  be  placed  upon  all 
buildings  within  the  corporate  limit^5  of  the  City  of  Oakland  within  90 
days  after  the  passage  of  this  ordinance,  and  the  proper  number  of 
the  entrance  to  any  buildmg  which  may  hereafter  be  erected  withiti 
the  city  limits  shall  be  placed  thereon  within  two  weeks  after  the 
said  building  shall  have  been  completed. 

Section  3.     This  ordinance  shall  take  effect  immediately. 

(Approved  June  11,  1877.    Vol.  2,  p.  550.) 


ORDINANCE   No.  784. 


AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE 
ENTITLED  "AN  ORDINANCE  PROVIDING  FOR  THE 
NUMBERING  OF  BUILDINGS  IN  THE  CITY  OF  OAK- 
LAND," APPROVED  DECEMBER  2,  1872. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows,- 

Section  i.  In  that  section  of  the  city  lying  between  Park  avenue 
and  the  easterly  shore  of  San  Antonio  creek,  Park  avenue  shall  be 
the  initial  point  for  numbering  all  streets  running  westerly  therefrom, 
and  fifty  numbers  shall  be  allotted  to  each  block. 

Section  2.  Streets  running  parallel  with  Park  avenue  and  lying 
[Westerly  therefrom  shall  have  the  Encinal  line  for  the  initial  point 
ffor  numbering,  and  one  hundred  numbers  shall  be  allotted  to  each 
block. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  August  22,  1878.    Vol.  2,  p.  658.) 


282  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1033. 


AN    ORDINANCE    CONCERNING    THE    NUMBERING    OF 
BUILDINGS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows  : 

Section  i.  All  buildings  fronting  upon  public  streets  or  avenues 
in  the  City  of  Oakland  shall  be  numbered  with  plain  figures  not  less 
than  two  inches  in  height,  within  thirty  days  after  completion  or 
occupancy  thereof. 

Section  2.  All  houses  must  be  numbered  at  the  owner's  expense. 
In  cases  where  the  owner  of  the  building  is  a  non-resident  or  cannot 
readily  be  found^  his  or  her  agent  is  hereby  authorized  to  cause  said 
building  to  be  numbered. 

Section  3.  It  shall  be  the  duty  of  the  Superintendent  of  Streets 
of  the  City  of  Oakland,  to  notify  the  owner  or  agent  of  each  and 
every  building  hereafter  to  be  erected  of  the  number  or  numbers 
thereto  belonging  and  of  the  othei*  provisions  of  this  ordinance. 
(Amendment  approved  Mar.  2,  1896.     Vol.  5,  p.  36.) 

Section  4.  In  cases  where  a  house  remains  unnumbered,  or  where 
a  house  may  have  been  num.bered  and  the  numbers  since  lost,  des- 
troyed or  defaced  so  as  to  be  illegible,  it  shall  be  the  duty  of  the  Citv 
Numberer  to  notify  the  owner  or  agent,  who  shall  cause  said  house 
to  be  numbered  within  thirty  days  after  said  notification. 

Section  5.  In  cases  where  incorrect  numbers  have  been  placed 
and  remain  or  shall  hereafter  be  placed  on  any  house,  the  owner  or 
agent  thereof  shall  be  notified  of  the  error  and  of  the  correct  number, 
by  the  Superintendent  of  Streets,  and  the  owner  or  agent  shall  change 
or  cause  to  be  changed  said  number  or  numbers,  in  accordance  therein 
within  thirty  days  from  said  notification.  (Amendment  approved 
Mar.  2,  1896.    Vol.  5,  p.  36.) 

Section  6.  The  regulation  city  number  shall  consist  of  two-inch 
metal  figures,  unless  the  owner  or  agent  wishes  the  equivalent  or 
something  superior  thereto. 

Section  7.  The  Superintendent  of  Streets  is  hereby  authorized 
and  empowered  to  collect  a  fee  of  fifty  (50)  cents  for  information 
furnished  to  any  owner  or  agent  of  buildings  concerning  numbers. 
A  record  of  said  fees  shall  be  kept  by  the  Superintendent  of  Streets, 
and  a  report  made  by  him  monthly  to  the  Board  of  Public  Works; 
said  fees  to  be  paid  into  the  City  Treasury  on  the  first  day  of  each 
and  every  month,  and  the  names  of  persons  refusing  or  neglecting  to 


OF  THE  CITY  OF  OAKLAND,  CAL.  283 

pay  shall  be  reported  to  the  Board  of  Public  Works  in  the  monthly- 
report  made  by  the  Superintendent  of  Streets.  (Amendment  ap- 
proved Mar.  2,  1896.    Vol.  5,  p.  36.) 

Section  8.  (Repealed  by  Ordinance  No.  1709,  approved  Nov. 
25.  1895-    Vol.  5,  p.  5.) 

Section  9.  It  is  hereby  declared  unlawful  for  any  person  to  re- 
fuse or  neglect  to  comply  with  any  of  the  provisions  of  this  ordinance. 

Section  10.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  a  sum  not  exceeding  ten  ($io)  dollars, 
and  in  case  said  fine  be  not  paid  then  the  person  or  persons  so  fined 
may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the 
rate  of  one  day  for  each  two  ($2)  dollars  of  the  fine  so  imposed. 

Section  11.  All  ordinances  or  parts  of  ordinances  inconsistent 
•with  this  ordinance  are  hereby  repealed. 

Section  12.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  February  8,  1888.    Vol.  3,  p.  268.) 


ORDINANCE  No.  1396. 


AN  ORDINANCE  IN  RELATION  TO  THE  NUMBERING  OF 
BUILDINGS  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland^  as  follows: 

Section  i.    That  the  initial  numbers  on  streets  crossing  Oak- 
land avenue  be  as  follows: 

Initial  number  2,  Twenty-fourth  street. 

Initial  number  150,  junction  of  Orange  street. 

Initial  number  250,  Pearl  street. 

Initial  number  350,  Moss  avenue. 

Initial  number  400,  Santa  Clara  avenue. 

Section  2.     That  the  initial  numbers  on  streets  crossing  Vernon 
avenue  be  as  follows: 

Initial  number  2,  Twenty-fourth  street. 
Initial  number  150,  (Old)  Oakland  avenue. 
Initial  number  250,  Perry  street. 
Initial  number  300,  Moss  avenue. 
Initial  number  400,  Santa  Rosa  avenue. 


284  GENERAL  MUNICIPAL  ORDINANCES 

Section  3.  That  the  initial  numbers  on  streets  crossing  Plymouth 
avenue  be  as  follows: 

Initial  number  350,  Broadway. 
Initial  number  400,  Academy  place. 
Initial  number  450,  Andover  street. 
Initial  number  476,  Elm  street. 

Section  4.  That  the  initial  numbers  on  streets  crossing  Edward 
street  be  as  follows: 

Initial  number  350,  Broadway. 
Initial  number  400,  Academy  place. 
Initial  number  450,  Andover  street. 
Initial  number  476,  Elm  street. 

Section  5.  That  the  odd  numbers  be  placed  on  south  side  and 
west  side  of  streets,  and  even  numbers  be  placed  on  the  north  side 
and  east  side  of  the  street. 

Section  6.  All  ordmances  or  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  7.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  January  25,  1892.    Vol.  4,  p.  y6.) 


ORDINANCE  No.   1568. 


AN  ORDINANCE  IN  RELATION  TO  THE  RENUMBERING 
OF  BUILDINGS  ON  PARK  AVENUE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  folUws: 

Section  i.    That  the  initial  number  on  the  westerly  side  of  Park 
avenue  at  the  commencement  of  blocks  be  as  follows: 

Park  street  at  Alameda  bridge I 

Ford  street loi 

Canal  street 201 

Shasta  avenue 301 

Frederick  street 401 

Dennison  street 501 

Railroad  avenue 601 


OF  THE  CITY  OF  OAKLAND,  CAL.  2S5 

Section  2.  That  the  initial  number  on  the  easterly  side  of  Park 
avenue  at  the  commencement  of  blocks  be  as  follows: 

Park  street 2 

Valdez  street lOO 

Chapman  street 150 

Boehmer  street 200 

Warder  street 250 

East  Ninth  street 300 

East  Tenth  street 400 

East  Eleventh  street 500 

Blank  street 550 

Railroad  avenue 600 

Section  3.  That  the  odd  numbers  be  placed  on  the  westerly  side 
of  Park  avenue  and  the  even  numbers  be  placed  on  the  easterly  side 
of  Park  avenue. 

Section  4.  That  the  cost  of  renumbering  Park  avenue  shall  not 
exceed  the  sum  of  Twelve  Dollars  and  Fifty  Cents  ($12.50). 

Section  5.  That  all  ordinances  or  parts  of  ordinances  in  con- 
flict with  this  ordinance  are  hereby  repealed. 

Section  6.  That  this  ordinance  shall  take  effect  immediately  upon 
its  approval. 

(Approved  October  21,  1893.    Vol.  4,  p.  483.) 


ORDINANCE   No.   1623. 


AN  ORDINANCE  IN  RELATION  TO  THE  RENUMBERING 
OF  BUILDINGS  ON  TELEGRAPH  AVENUE,  SAN 
PABLO  AVENUE  AND  VALLEY  STREET. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  That  the  initial  numbers  on  the  westerly  side  of  San 
Pablo  avenue  at  the  southerly  commencement  of  blocks  be  as  fol- 
lows: 

Fourteenth  street i 

Fifteenth  street lOi 

Sixteenth  street 201 

Seventeenth  street 301 


286  GENERAL  MUNICIPAL  ORDINANCES 

Eighteenth  street 401 

Nineteenth  or  Curve  street 501 

Twentieth  street 601 

Twenty-first  street 701 

Twenty-second  street 801 

Brush  street 825 

Isabella  street 901 

street looi 

Milton  or  Twenty- fifth  street iioi 

Twenty-sixth  street 1201 

Twenty-eighth  street 1401 

Market  street 1501 

Thirtieth  street 1601 

Myrtle  street 1701 

Thirty-second  street 1801 

Filbert  street 1825 

Thirty-fourth  street 2001 

Thirty-fifth  street 2101 

Section  2.    That  the  initial  number  on  the  easterly  side  of  San 
Pablo  avenue  at  the  southerly  commencement  of  blocks  be  as  follows: 

Fourteenth  street 2 

Sixteenth  street 200 

Seventeenth  street 300 

Eighteenth  street 400 

Nineteenth  or  Frederick  street 500 

Williams  street 550 

Twentieth  or  Delger  street 600 

Twenty-first  or  Kobart  street 700 

Jones  street 750 

Twenty-second  or  Charter  street 800 

Twenty-third  or  Locust  street 900 

Twenty-fourth  or  Elm  street 1000 

Twenty-fifth  or  Laurel  street iioo 

Sycamore  street 1150 

Twenty-sixth  street 1200 

Twenty-seventh  street 1300 

Twenty-eighth  street 1400 

Twenty-ninth  street 1500 

Thirtieth  street 1600 

Thirty-first  street 1700 

Thirty-second  street 1800 

Brockhurst  street 1850 

Thiity-third  street 1900 

Thirty -fourth  street 2000 

street 2100 


OF  THE  CITY  OF  OAKLAND,  CAL.  287 

Section  3.     That  the  initial  number  on  the  westerly  side  of  Valley 
street  at  the  southerly  commencement  of  blocks  be  as  follows: 

Twenty-second  street i 

Twenty-third  street loi 

Section  4.    That  the  initial  number  on  the  easterly  side  of  Valley 
street  at  the  southerly  commencement  of  blocks  be  as  follows: 

Twenty-second  street 2 

Twenty-third  street lOo 

Section  5.     That  the  initial  numbers  on  the  westerly  side  of  Tele- 
graph avenue  at  the  southerly  commencement  of  blocks  be  as  follows: 

Sixteenth  street i 

Seventeenth  street loi 

Eighteenth  street 201 

Nineteenth  or  Frederick  street 301 

Williams  street 351 

Twentieth  or  Delger  street 401 

Twenty-first  or  Hobart  street 501 

Jones  street 551 

Twenty-second  or  Charter  street 601 

Simpson  avenue  or  Twenty-third  street 701 

Twenty-fourth  or  Elm  street 801 

Twenty-fifth  or  Laurel  street 901 

Sycamore  street looi 

Knox  street iioi 

Albion  street 1201 

Caledonia  street 1301 

Thirtieth  street 1401    , 

Thirty-first  street 1501 

Thirty-second  street i6or 

Thirty-third  street 1701 

Thirty-fourth  street 1801 

Thirty-fifth  street 1901 

Section  6.    That  the  initial  numbers  on  the  easterly  side  of  Tele- 
graph avenue  at  the  southerly  commencement  of  blocks  be  as  follows: 

Junction  of  Telegraph  avenue  and  Broadway 2 

Birnie  or  Seventeenth  st'-eet 100 

Nineteenth  or  Durant  street 300 

Twentieth  or  Delger  street 400 

Twenty-first  or  Hobart  street Soo 

Twenty-second  or  Walnut  street 600 

Twenty-third  or  Locust  street 700 

Twenty-fourth  or  Elm  street 800 

Twenty-fifth  or  Laurel  street 900 


288  GENERAL  MUNICIPAL  ORDINANCES 

Twenty-sixth  or  Bay  street looo 

Merrimac  street 1200 

Prospect  street 1300 

Orchard  street 1400 

Hawthorne  street 1500 

Plymouth  street 1800 

Edwards  street 1900 

Section  7.  That  the  odd  numbers  be  placed  on  the  westerly  side 
of  San  Pablo  avenue,  Telegraph  avenue  and  Valley  street,  and  the 
even  numbers  be  placed  on  the  easterly  side  of  the  above-named 
avenues  and  streets. 

Section  8;  That  no  fee  shall  be  charged  by  the  Superintendent 
of  Streets  for  information  furnished  by  him  concerning  the  number 
or  numbers  belonging  to  any  entrance  or  entrances  to  any  building. 
(Amendment  approved  Nov.  25,  1895.    Vol.  5,  p.  5.) 

Section  9.  That  the  cost  of  renumbering  the  above-named  ave- 
nues and  streets  shall  not  exceed  the  sum  of  twenty-three  dollars 
($23.) 

Section  10.  Any  and  all  ordinances  and  any  and  all  parts  of 
ordinances  inconsistent  with  this  ordinance  are  hereby  repealed. 

Section  11.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  August  15,  1894.    Vol.  4,  p.  590.) 


ORDINANCE  No.  1725. 


AN  OTIDINANCE  RELATING  TO  THE  NUMBERING  OF 
BUILDINGS  IN  THE  CITY  OF  OAKLAND  IN  THE 
TERRITORY  BOUNDED  ON  THE  NORTH  BY  THE 
CHARTER  LINE,  ON  THE  EAST  BY  PLEASANT 
VALLEY  ROAD,  ON  THE  SOUTH  BY  LAKE  MER- 
RITT,  ON  THE  WEST  BY  THE  EASTERLY  LINE  OF 
CEMETERY  CREEK. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  l.     The  initial  number  on  the  westerly  line  of  Oakland 
avenue  at  the  commencement  of  blocks  is  hereby  fixed  as  follows: 


OF  THE  CITY  OF  OAKLAND,  CAL.  289 

Bay  place i 

Hamilton  place lOi 

Junction  Walsworth 201 

Pearl 401 

Moss 501 

Santa  Clara ; 551 

Santa  Rosa 601 

Section  2.  The  initial  number  on  the  easterly  line  of  Oaklan<l 
avenue  at  the  commencement  of  blocks  is  hereby  fixed  as  follows: 

Bay  place 2 

Opposite  Hamilton  place 100 

Orange  avenue 200 

Morrison  place 400 

Perry 450 

Moss SCO 

Santa  Clara 550 

Santa  Rosa 600 

Section  3.  Streets  or  avenues  running  parallel  with  Oakland 
avenue  shall  be  numbered  to  correspond  with  the  numbers  on  Oak- 
land avenue. 

Section  4.  The  initial  number  on  the  northeast  corner  of  streets 
beginning  at,  or  crossing  Oakland  avenue  and  running  in  an  east- 
erly direction  shall  be  east  2. 

The  initial  number  on  the  southeast  corner  of  streets  beginning 
at,  or  crossing  Oakland  avenue  and  running  in  an  easterly  direction 
shall  be  east  i. 

The  initial  number  on  the  northwest  corner  of  streets  beginning 
at,  or  crossing  Oakland  avenue  and  running  in  a  westerly  direction, 
shall  be  west  2. 

The  initial  number  of  the  southwest  corner  of  streets  beginning 
at,  or  crossing  Oakland  avenue  and  running  in  a  westerly  direction, 
shall  be  west  i. 

Section  5.  Fifty  numbers  shall  be  allowed  between  Oakland 
avenue  and  Walsworth  avenue,  and  fifty  numbers  between  Wals- 
worth avenue  and  Fairmount  avenue. 

One  hundred  numbers  shall  be  allowed  between  Oakland  avenue 
and  Vernon  street,  and  one  hundred  numbers  to  each  block  east  to 
Pleasant  Valley  road. 

Section  6.  The  initial  number  on  Vernon  street  at  the  northeast 
corner  of  Perry  street  shall  be  450,  northwest  corner  451. 

The  initial  number  on  Chetwood,  Summer.  Crescent  and  Winter 
streets  at  the  northeast  corner  of  Perry  street,  shall  be  400,  northwest 
cornet  401. 


ago  GENERAL  MUNICIPAL  ORDINANCES 

Fifty  numbers  shall  be  allowed  on  Vernon  street  between  Perry- 
street  and  Moss  avenue,  and  one  hundred  numbers  to  the  other 
streets  between  Perry  street  and  Moss  avenue. 

Section  7.  Streets  running  in  the  same  direction  as  Perry  street, 
between  Oakland  avenue  on  the  west  and  the  boulevard  on  the  east, 
shall  be  numbered  to  correspond  with  Perry  street. 

Section  8.  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  approval. 

Section  9.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

(Approved  January  24,  1896.    Vol.  5,  p.24.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  291 


CHAPTER    XI. 

Ordinances  Regulating  Street  and  Steam  Rail- 
roads. 


ORDINANCE  No.  1333. 


AN  ORDINANCE  TO  REGULATE  THE  QUALITY,  MANNER 
OF  LAYING,  REMOVAL  AND  RELAYING  OF  STREET 
RAILROAD  TRACKS  IN  PUBLIC  STREETS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,,  as  follows: 

Section  i.  All  tracks  hereafter  to  be  laid  for  any  street  railroad 
in  the  City  of  Oakland  shall  be  constructed  of  standard  rails  of  the 
most  approved  pattern,  and  in  a  good  and  substantial  manner^  and 
so  as  to  present  the  least  possible  obstruction  to  travel  and  the  cross- 
ing of  vehicles.  All  rails  heretofore  in  use  and  which  do  not  conform 
to  the  foregoing  provisions,  when  removed  for  any  other  purpose  than 
for  ordinary  repair  of  roadbed,  stringers  or  ties,  shall  be  replaced  by 
those  conforming  to  said  provisions  hereof. 

Section  2.  No  track  in  use  by  any  street  railroad  shall  be  taken 
up  or  removed  to  another  part  of  the  same  street,  or  elsewhere,  for 
temporary  purposes  or  otherwise,  without  permission  of  the  Board  of 
Public  Works. 

V/henever  any  such  track  is  taken  up  for  temporary  purposes,  it 
shall  be  replaced  promptly  and  with  as  little  obstruction  to  travel  is 
possible. 

Whenever  any  track  is  taken  up  for  abandonment  of  its  use,  the 
owners  of  such  street  railroad  shall  promptly  remove  such  track  and 
repave  that  portion  of  the  street  formerly  used  by  its  tracks  between 


292  GENERAL  MUNICIPAL  ORDINANCES 

the  rails  and  for  two  feet  each  side  thereof.  Such  repavement  and  all 
paving  required  by  this  ordinance  shall  be  done  with  similar  material 
and  of  as  good  quality  as  the  adjacent  roadway,  shall  be  done  in  ac- 
cordance with  the  general  specifications  provided  by  ordinance  for 
similar  street  work. 

Whenever  the  grade  of  any  street  is  changed,  upon  which  street 
any  street  railroad  track  is  laid,  such  track  shall  be  promptly  relaid  to 
conform  to  the  change  of  grade. 

All  work  hereinbefore  referred  to  in  this  ordinance  shall  be  done 
promptly,  in  a  good,  substantial  and  workmanlike  manner,  under  the 
supervision  and  to  the  satisfaction  and  approval  of  the  Board  of 
Public  Works. 

Section  3.  No  owner  or  any  superintendent  or  other  officer  01 
any  corporation  or  association,  owning  or  operating  any  street  rail- 
road in  the  City  of  Oakland,  shall  cause  or  knowingly  allow  any  work 
to  be  done  or  omitted  in  violation  of  any  provision  of  this  ordinance. 

Section  4.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  5.  This  ordinance  shall  take  eflfect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.    Vol.  3,  p.  700.) 


ORDINANCE  No.  1865. 


AN  ORDINANCE  REQUIRING  ALL  PERSONS,  COMPAN- 
IES AND  CORPORATIONS  OPERATING  STREET 
CARS  PROPELLED  BY  ELECTRICITY  OR  CABLE 
WITHIN  THE  CITY  OF  OAKLAND,  TO  KEEP  TWO  (2) 
MEN  ON  EACH  CAR  WHILE  SUCH  CAR  IS  IN 
MOTION  CONTAINING  PASSENGERS,  FOR  THE  PUR- 
POSE OF  OPERATING  AND  CONTROLLING  THE 
SAME. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.     Every  person,  company  and  corporation,   operating 
street  cars  within  the  City  of  Oakland  by  means  of  electricity  or  cable. 


OF  THE  CITY  OF  OAKLAND,  CAL.  293 

shall  provide  and  maintain  upon  each  of  such  cars  while  containing 
passengers,  at  least  two  (2)  employees,  to-wit:  a  motorman,  or  grip- 
man,  as  the  case  may  be,  and  a  conductor^  during  all  the  time  said 
car  is  in  motion  within  said  city,  each  of  said  employees  to  be  an 
adult  not  less  than  eighteen  (18)  years  of  age.  (Amendment  approved 
March  23,  1898.    Vol.  5,  p.  252.) 

Section  2.  Any  person,  company  or  corporation  violating  any 
of  the  provisions  of  this  ordinance,  or  permitting,  ordering,  author- 
izing, or  directing  a  violation  thereof,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punis^ed  by  a 
fine  of  not  to  exceed  one  hundred  ($100.00)  dollars,  and  in  case  said 
fine  be  not  paid,  shall  be  imprisoned  in  the  City  Prison  at  the  rate 
of  one  (i)  day  for  each  two  ($2)  dollars  of  the  fine  so  imposed  and 
remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  Jan.  11,  1898.    Vol.  5,  p.  223.) 


ORDINANCE  No.  1539. 


AN  ORDINANCE  REGULATING  THE  CONTROL  AND  MAN- 
AGEMENT OF  STREET  CARS  UPON  THE  PUBLIC 
STREETS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  driver, 
engineer,  motorman,  conductor,  or  other  person  having  charge  or 
control  of  any  street  car,  to  cause  or  permit  the  same  to  stop  or  re- 
main upon  any  public  street  crossing  within  the  fire  limits  of  the 
City  of  Oakland,  County  of  Alameda.  State  of  California,  or  upon 
the  crosswalks  thereof,  so  as  in  any  manner  to  interfere  with  or  ob- 
struct the  travel  over  such  crossing  or  walk.  (Amendment  approved 
November  27,  1893.    Vol.  4,  p.  504.) 

Section  2.  Any  driver,  engineer,  motorman,  conductor,  or  other 
person  violating  any  provisions  of  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  to  exceed  one  hundred  dollars,  and  in  case  said  fine 
be  not  paidj  then  the  person  so  fined  shall  be  imprisoned  in  the  City 


294  GENERAL  MUNICIPAL  ORDINANCES 

Prison  of  the  City  of  Oakland,  at  the  rate  of  one  day  for  each  two 
dollars  of  the  fine  so  imposed. 

Section  3.    This  ordinance  shall  take  ef?ect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  July  19,  1893.    Vol.  4,  p.  446.) 


ORDINANCE  No.  1542. 


AN  ORDINANCE  REGULATING  THE  MEETING,  PASSING 
AND  CROSSING  OF  STREET  RAILROAD  CARS  WITH- 
IN THE  FIRE  LIMITS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  street  railroad  cars 
meeting  within  the  fire  limits  of  the  City  of  Oakland  to  pass  each 
other  within  the  intersection  of  any  streets. 

Section  2.  It  is  hereby  declared  unlawful  for  any  street  railroad 
car  to  cross  any  street  railroad  track  within  the  fire  limits  of  the  City 
of  Oakland  whenever  there  is  a  car  upon  the  track  to  be  crossed  within 
the  intersection  of  said  streets. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance,  or  permitting,  ordering,  authorizing  or 
directing  the  violation  thereof,  is  hereby  declared  to  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
in  a  sum  not  greater  than  two  hundred  and  fifty  ($250)  dollars,  and  in 
case  said  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  such  fine  remaining  unpaid. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

Section  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

(Approved  July  27,  1893.    Vol.  4,  p.  449.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  295 

ORDINANCE  No.  1543. 


AN  ORDINANCE  REGULATING  THE  SPEED  OF  STREET 
CARS  AT  THE  CROSSING  OF  STREET  RAILROAD 
TRACKS  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  motor- 
man,  conductor,  or  other  person,  operating,  controlling  or  having 
charge  of  any  street  railway  car  in  the  City  of  Oakland,  to  cause,  per- 
mit or  allow  the  same  to  pass  over  the  crossing  of  the  track  upon 
which  said  car  may  be  moving,  with  any  other  street  railroad  track 
in  the  said  city  at  the  rate  of  speed  greater  than  three  miles  per  hour. 

Section  2.  Any  motorman,  conductor,  or  person  violating  any 
of  the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
not  to  exceed  two  hundred  dollars,  and  in  case  said  fine  be  not  paid, 
then  the  person  so  fined  may  be  imprisoned  in  the  City  Prison  of  the 
City  of  Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  July  27,  1893.    Vol.  4,  p.  451.) 


ORDINANCE  No.  1554. 


AN  ORDINANCE  REQUIRING  RAILROAD  COMPANIES 
TO  STATION  FLAGMEN  AT  CERTAIN  STREET 
CROSSINGS  IN  THE  CITY  OF  OAKLAND  AND  REGU- 
LATING THE  PASSAGE  OF  RAILWAY  ENGINES 
OVER  AND  ACROSS  SAID  CROSSINGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  All  persons,  firm  or  corporations  owning,  operating 
or  controlling  any  steam  railway  upon  Seventh,  First  or  Webster 
streets,  or  upon  Railroad  avenue,  in  the  City  of  Oakland,  are  hereby 


296  GENERAL  MUNICIPAL  ORDINANCES 

required  to  station  flagmen^  and  keep  said  flagmen  so  stationed,  at 
the  following  points  during  the  hours  of  the  day  or  night  that  said 
railway  is  in  operation,  to-wit:  At  the  intersection  of  the  main  line 
track  with  Goss  street,  said  point  being  about  60  feet  east  of  Bay 
street;  intersection  of  First  and  Franklin  streets;  Seventh  and  Market 
streets;  First  and  Market  streets;  Seventh  and  Washington  streets; 
Seventh  and  Broadway  streets;  Seventh  and  Franklin  streets;  Seventix 
and  Webster  streets.  First  and  Webster  streets;  Water  ana  vveDster 
streets;  Thirteenth  and  Webster  streets;  First  and  Broadway  streets. 
and  Park  avenue  and  Railroad  right  of  way.  (Amendment  approved 
October  28,  1893.    Vol.  4,  p.  494.) 

Section  2.  No  person,  firm  or  corporation  owning,  operating  or 
controlling  any  railway  engine  upon  First,  Seventh  or  Webster  streets, 
or  upon  Railroad  avenue  in  the  City  of  Oakland  shall  cause  or  per- 
mit the  said  engine  to  pass  any  of  the  points  specified  in  Section  one 
of  this  ordinance,  until  the  flagman  there  stationed  shall  signal  him 
or  them  to  do  so;  provided,  however,  that  this  ordinance  shall  not 
apply  to  trains  passing  said  points  between  the  hours  of  one  a.  m. 
and  five  a.  m.     (Amendment  approved  October  28,  1893.    Vol.  4,  p. 

494) 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing five  hundred  dollars,  and  in  case  said  fine  be  not  paid,  then  by 
imprisonment  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate 
of  one  day  for  every  two  dollars  of  said  fine  remaining  unpaid. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  Sept.  8,  1893.    Vol.  4,  p.  471.) 


ORDINANCE  No.  1569. 


AN  ORDINANCE  REGULATING  THE  SPEED  OF  RAILWAY 
ENGINES  AND  CARS  PROPELLED  BY  Sl'^AM  IN 
THE  CITY  OF  OAKLAND,  BETWEEN  THE  NORTH- 
ERLY LINE  OF  THE  INTERSECTION  OF  FIRST  AND 
WEBSTER  STREETS  AND  THE  SOUTHERLY 
BOUNDARY  LINE  OF  THE  CITY  OF  OAKLAND  ON 
WEBSTER  STREET,  PRODUCED  SOUTHERLY. 


OF  THE  CITY  OF  OAKLAND,  QAh.  297 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person,  firjn  or  corporation  owning,  operating  or 
controlling  any  railv/ay  engine  or  cars  propelled  by  steam  in  the  City 
of  Oakland  shall  cause,  allow  or  permit  the  same  to  pass  over,  along 
or  upon  that  portion  of  the  City  of  Oakland  lying  between  the  north- 
erly line  of  the  intersection  of  First  and  Webster  streets,  and  the 
southerly  boundary  line  of  the  City  of  Oakland,  on  Webster  street, 
produced  southerly,  at  a  speed  greater  than  eight  (8)  miles  per  hour. 

Section  2.  Any  person  violating  or  causing  to  be  violated  any 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed 
five  hundred  dollars,  and  in  case  the  said  fine  be  not  paid,  then  the 
person  so  fined  shall  be  imprisoned  in  the  City  Prison  of  the  City 
of  Oakland,  at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  so 
imposed  and  remaining  unpaid. 

Section  3.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  October  21,  1893.    Vol.  4,  p.  490.) 


ORDINANCE  No.  1574. 


AN  ORDINANCE  REGULATING  THE  SPEED  OF  RAILWAY 
ENGINES  AND  CARS  PROPELLED  BY  STEAM  IN 
THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland ,  as  follows: 

Section  i.  No  person,  firm  or  corporation  having  charge  of, 
operating  or  controlling  any  railway  engine  or  cars  propelled  by 
steam  in  the  City  of  Oakland  shall  cause,  permit  or  allow  the  same 
to  pass  over,  along  or  upon  any  of  the  public  streets  or  highways  in 
the  City  of  Oakland  at  a  greater  maximum  speed  than  twenty-two 
(22)  miles  per  hour,  provided  that  upon  Seventh  street  the  maximum 
rate  of  speed  shall  not  be  greater  than  eight  (8)  miles  per  hour  be- 
tween the  following  streets:  Pine  and  Wood,  Chester  and  Center, 
Union  and  Adeline,  Myrtle  and  West,  Washington  and  Broadway, 
Madison  and  Oak;  provided,  also,  that  at  the  crossing  of  Park  avenue 


298  GENERAI,  MUNICIPAL  ORDINANCES  ' 

and  Railroad  avenue  the  maximum  rate  of  speed  shall  not  exceed 
eight  (8)  miles  per  hour;  but  this  proviso  limiting  the  maximum  rate 
of  speed  to  eight  (8)  miles  per  hour  shall  not  apply  to  trains  which 
stop  at  all  stations  as  such  stations  are  now  located.  And  provided, 
further,  that  the  provisions  and  requirements  of  this  ordinance  shall 
not  apply  to  that  portion  of  the  City  of  Oakland  which  lies  west  of 
the  eastern  shore  line  of  the  Bay  of  San  Francisco. 

Section  2.  The  maximum  speed  of  any  train  operating  on  Seventh 
street  in  said  City  of  Oakland  shall  not  be  greater  than  twelve  (12) 
miles  per  hour  between  the  westerly  line  of  Washington  street  and 
the  easterly  line  of  Franklin  street. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  in  a  sum  not  to  exceed 
five  hundred  ($500)  dollars,  and  in  case  the  fine  be  not  paid,  then  the 
person  so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City  of 
Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so 
imposed  and  remaining  unpaid. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  efiFect  immediately  upon  its 
approval. 

(Approved  November  10,  1893.     Vol.  4,  p.  497.) 


ORDINANCE  No.  1575. 


AN  ORDINANCE  REGULATING  THE  MEETING  AND 
PASSING  OF  STEAM  RAILROAD  TRAINS  WITHIN  A 
CERTAIN  PORTION  OF  THE  FIRE  LIMITS  OF  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  trains  drawn 
or  propelled  by  steam  engines,  to  meet  or  pass  each  other  within  that 
portion  of  the  fire  limits  of  the  City  of  Oakland,  described  as  fol- 
lows, to-wit: 

Beginning  at  a  line  drawn  parallel  with  the  east  line  of  Broad- 
way street,  and  located  a  distance  of  one  hundred  (lOo)  feet  east  of 


OF  THE  CITY  OF  OAKLAND,  CAL.  299 

said  line  of  Broadway  street,  and  extending  west  to  a  line  drawn 
parallel  to  the  west  line  of  Washington  street  and  located  a  distance 
of  one  hundred  (100)  feet  west  of  said  line  of  Washington  street. 

Section  2.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance^  or  permitting,  ordering,  authorizing  or 
allowing  such  violation  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
two  hundred  and  fifty  ($250)  dollars,  and  in  case  said  fine  be  not 
paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every  two  dol- 
lars of  said  fine  remaining  unpaid. 

Section  3.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  November  10,  1893.    Vol.  4,  p.  499.) 


ORDINANCE  No.  1596. 


AN  ORDINANCE  REQUIRING  STREET  CARS  AND  DUM- 
MIES TO  BE  PROVIDED  WITH  GUARDS  TO  PRE- 
VENT ACCIDENTS  AND  REMOVE  OBSTRUCTIONS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion operating  cars  for  the  conveyance  of  passengers  within  the  City 
of  Oakland,  propelled  by  means  of  wire  ropes  attached  to  stationary 
engines,  or  by  electricity,  or  compressed  air,  or  horses,  or  mules, 
to  run,  operate  or  use  the  same,  or  permit  or  cause  the  same  to  be  run, 
operated  or  used  unless  each  car  or  dummy  shall  have  a  suitable  buffer 
or  guard  appliance  of  suitable  design  and  construction,  for  the  pur- 
pose of  removing  from  and  clearing  the  track  of  persons  and  obstruc- 
tions; said  buffer  or  guard  shall  be  placed  in  front  of  such  car  or 
dummy  and  attached  to  the  frame  of  the  forward  wheels  or  trucks 
thereof  and  shall  run  at  a  uniform  distance  of  not  more  than  one 
and  one-half  inches  above  the  roadbed  or  rails  over  which  such  car 
runs,  and  shall  be  so  constructed  as  to  prevent  persons  or  objects  on 
the  roadbed  of  said  car  from  being  run  over  or  upon  by  any  such  car 
or  dummy. 


300  GENERAL  MUNICIPAL  ORDINANCES 

Section  2.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion operating  cars  for  the  conveyance  of  passengers  within  the  City 
of  Oakland  to  run  or  operate  or  use  such  cars,  or  permit  or  cause 
the  same  to  be  run,  operated  or  used,  unless  each  car  shall  have  a 
suitable  device,  guard  or  appliance  attached  thereto  and  placed  in 
front  of  the  rear  wheels  or  trucks  of  such  car  and  over  the  rails  on 
which  the  said  car  is  run,  of  such  design  and  construction  as  will 
remove  from  and  clear  the  rail  or  rails  under  such  car  of  persons  or 
obstructions  falling  or  lying  on  or  across  such  rail  or  rails  and  pre- 
vent such  person  or  obstructions  from  being  run  over  by  the  wheels 
or  trucks  of  such  car.  Such  device,  guard  or  appliance  shall  be  con- 
structed of  iron,  wood  or  other  suitable  material  and  shall  run  at  a 
uniform  height  of  one  mch  above  the  rails  over  which  said  car  is 
operated. 

Section  3,  Within  thirty  days  from  and  after  the  date  of  the 
passage  of  this  ordinance  all  persons,  firms  and  corporations  owning 
or  operating  cars  for  the  conveyance  of  passengers  within  said  City 
of  Oakland  shall  adopt  one  or  more  devices  for  attachment  to  their 
cars  or  dummies  for  the  protection  of  life  and  the  prevntion  of  acci- 
dent, and  shall  within  a  further  period  of  ten  days  file  with  the  Clerk 
of  the  City  Council  a  statement  indicating  and  describing  the  par- 
ticular device  or  devices  adopted  by  such  person,  firm  or  corporation. 
If  such  device  or  devices  are  approved  by  the  said  Council,  then  it 
shall  be  the  duty  of  each  person,  firm  or  corporation  owning  or  oper- 
ating cars  for  the  conveyance  of  passengers  within  the  said  City  of 
Oakland,  within  a  period  of  sixty  days  thereafter,  and  not  later  than 
ninety  days  from  and  after  the  adoption  and  approval  of  this  ordi- 
nance to  attach,  or  cause  to  be  attached,  to  each  car  or  dummy  the 
particular  device  or  devices  adopted  by  such  person,  firm  or  corpora- 
tion and  approved  by  said  Council,  and  to  keep  such  device  or  devices 
constantly  attached  to  their  cars  and  dummies  when  the  same  shall 
be  in  use;  and  thereafter  no  car  or  dummy  shall  be  operated  or  used 
without  such  attachment  or  such  improvement  thereto  as  may  be 
thereafter  adopted  in  such  person,  firm  or  corporation  and  approved 
by  said  Council. 

Section  4.  Any  person,  firm  or  corporation  who  shall  violate 
any  of  the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  not  to  exceed  $500,  or  by  imprisonment  not  to  exceed  250  days, 
or  by  both  such  fine  and  imprisonment. 

The  continuing  or  maintaining  of  any  violation  of  this  ordinance 
shall  be  deemed  a  new  offense  for  each  day  on  which  the  same  is  so 
continued  or  maintained,  and  shall  be  punished  accordingly. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  force  ninety 
days  after  its  passage  and  approval. 

(Approved  Feb.  23,  1894.    Vol.  4,  p.  529.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  301 


ORDINANCE  No.  1649. 


AN  ORDINANCE  REQUIRING  RAILROAD  COMPANIES 
TO  STATION  A  FLAGMAN  AT  A  CERTAIN  STREET 
CROSSING  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Sectiqn  i.  All  persons,  firms  or  corporations  owning,  operating 
in  operation. 

or  controlling  any  steam  railway  upon  Webster  street  in  the  City  of 
Oakland  are  hereby  required  to  station  a  flagman  and  keep  said  flag- 
man so  stationed  at  the  crossing  of  Webster  street  and  Twelfth  street 
in  said  city  during  the  hours  of  the  day  or  night  that  said  railway  is 

Section  2.  No  person,  firm  or  corporation  owning,  operating  or 
controlling  any  railway  engine  upon  Webster  street,  in  the  City  of 
Oakland  shall  cause  or  permit  the  said  engine  to  pass  the  point  speci- 
fied in  Section  One  of  this  ordinance  until  the  flagman  there  stationed 
shall  signal  him  or  them  so  to  do. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  thi|»  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing five  hundred  dollars,  and  in  case  said  fine  be  not  paid,  then  by 
imprisonment  in  the  City  Prison  of  the  City  of  Oakland,  at  the  rate 
of  one  day  for  every  two  dollars  of  s^aid  fine  remaining  unpaid. 

Section  4.  All  ordinances  and  parts  of  ordinance  in  conflict  here- 
with are  hereby  repealed. 

(Approved  Dec.  17,  1894.     Vol.  4,  p.  637.) 


ORDINANCP:  No.  1654. 


AN  ORDINANCE  REGULATING  THE  BLOWING  OF  LOCO- 
MOTIVE ENGINE  WHISTLES  IN  THE  CITY  OF  OAK- 
LAND. 


302  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  engineer  or  other  person  in  charge  of  any  loco- 
motive engine  shall  blow,  or  cause  or  allow  to  be  blown  any  loco- 
motive whistle  thereon  within  the  limits,  of  the  City  of  Oakland  west 
of  Center  street,  produced  southerly;  thence  northerly  to  Peralta 
street;  thence  northerly  along  Peralta  street  to  the  northern  boundary 
line  of  the  City  of  Oakland,  except  for  necessary  warning  in  case  of 
impending  danger  to  person  or  property. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  and 
not  to  exceed  five  hundred  dollars;  and  in  case  such  fine  be  not  paid, 
then  by  imprisonment  at  the  rate  of  one  day  for  every  two  dollars  of 
the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  December  27,  1894.      Vol.  4,  p.  644.) 


ORDINANCE  No.  1655. 


AN  ORDINANCE  PROVIDING  FOR  THE  CONSTRUCTION 
AND  MAINTENANCE  OF  GUARD  AND  SAFETY 
WIRES  OVER  TROLLEY  CONDUCTORS  IN  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Any  person,  firm  or  corporation  owning  or  operating 
any  street  railroad  using  electricity  as  a  motive  power  in  the  City  ot 
Oakland,  and  moving  cars  thereon,  and  the  current  being  conducted 
for  such  motive  power  by  what  are  generally  termed  trolley  wires  or 
overhead  conductors,  are  hereby  required  to  construct  and  maintain 
guard  or  safety  wires  over  each  trolley  wire  or  overhead  conductor 
so  used.  The  said  guard  or  safety  wires  to  be  of  galvanized  iron,  and 
not  less  than  one  hundred  and  sixty-five  thousandths  (165-1000)  of  an 
inch  in  diameter,  and  shall  be  parallel  to  the  said  trolley  wire,  and 
not  less  than  sixteen  inches  above  the  said  trolley  wire,  and  not  less 
than  eight  inches  ,nor  more  than  twelve  (12)  inches  on  each  side  of 
a  line  drawn  from  said  trolley  wire  perpendicular  to  the  plane  passing 


OF  THE  CITY  OF  OAKLAND,  CAI,.  303 

through  the  two  said  guard  wires.  The  said  guard  or  safety  wires 
shall  be  thoroughly  insulated  from  all  current-bearing  conductors  ot 
the  said  railroad  motor  circuits,  and  shall  be  at  such  places  as  the 
Board  of  Public  Works  may  direct  and  designate. 

Section  2.  Any  person,  designated  in  Section  i  of  this  ordinance, 
refusing  or  neglecting  for  the  period  of  three  months  to  construct 
and  maintain  such  guard  or  safety  wires  after  receiving  notice  in 
writing  so  to  do  from  the  said  Board  of  Public  Works,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  may 
be  fined  in  a  sum  not  to  exceed  five  hundred  dollars;  and  in  case 
said  fine  be  not  paid,  then  the  person  or  persons  so  fined  may  be  im- 
prisoned in  the  City  Prison  of  the  City  of  Oakland,  at  the  rate  of 
one  day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordmance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  December  27,  1894.     Vol.  4,  p.  645.) 


ORDINANCE  No/ 1657. 


AN  ORDINANCE  REGULATING  THE  CROSSING  OVER 
DRAWBRIDGES  IN  THE  CITY  OF  OAKLAND  OF 
RAILWAY    ENGINES    AND    CARS    PROPELLED    BY 

STEAM. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  or  persons  operating  or  controlling  any 
railway  engine  or  cars  propelled  by  .steam  in  the  City  of  Oakland 
shall  cause  or  permit  the  said  railway  engine  or  cars  propelled  by 
steam  to  pass  over  or  across  any  drawbridge  in  the  City  of  Oakland 
without  first  having  brought  the  said  railway  engine  or  cars  pro- 
pelled by  steam  to  a  full  stop  at  the  north  line  of  First  street. 

Nor  to  pass  over  or  across  Alice-street  drawbridge  in  the  City 
of  Oakland  without  first  having  brought  the  said  railway  engine  or 
cars  propelled  by  steam  to  a  full  stop  between  the  east  line  of  Web- 
ster street  and  the  north  end  of  the  trestle  of  said  bridge. 

Section  2.  Any  person  violating  or  causing  to  be  violated  any 
provision  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
End  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed  five 
hundred  ($500)  dollars,  and  in  case  the  said  fine  be  not  paid,  then 


304  GENERAL  MUNICIPAIv  ORDINANCES 

the  person  so  fined  may  be  imprisoned  in  the  Prison  of  the  City 
of  Oakland  at  the  rate  of  one  day  for  each  two  dollars  of  the  fine 
so  imposed  and  remaining  unpaid. 

Section  3.     This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  December  29,  1894.    Vol.  4,  p.  649.) 


ORDINANCE  No.  1662. 


AN  ORDINANCE  REQUIRING  PERSONS  IN  CHARGE  OF 
.  STREET  CARS  OPERATED  IN  THE  CITY  OF  OAK- 
LAND TO  BRING  THE  SAME  TO  A  FULL  STOP  IM- 
MEDIATELY BEFORE  CROSSING  THE  TRACK  OF 
ANY  STEAM  RAILWAY  LOCATED  WITHIN  THE 
CORPORATE  LIMITS  OF  SAID  CITY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person 
or  persons  having  the  charge,  care  or  control  of  any  street  railway 
car  operated  within  the  corporate  limits  of  'the  City  of  Oakland  to 
permit  or  allow  such  car  to  cross  the  tracks  of  any  steam  railway 
located  within  said  corporate  limits  without  bringing  the  said  car  to  a 
full  stop  immediately  before  crossing  such  steam  railway  track. 

Section  2.  Any  person  who  violates  any  provision  of  this  or- 
dinance shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  not  to  exceed  the  sum  ot 
five  hundred  dollars,  and  in  case  said  fine  is  not  paid,  then  the  person 
or  persons  so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City 
of  Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  February  15,  1895.    Vol  4,  p.  657.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  305 

ORDINANCE  No.  1661. 


AN  ORDINANCE  REQUIRING  STREET  RAILROAD  COM- 
PANIES OR  CORPORATIONS  TO  STATION  FLAG- 
MEN AT  CERTAIN  STREET  CROSSINGS  IN  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  All  persons,  firms,  companies  or  corporations  oper- 
ating or  controlling  any  street  railway  whose  cars  pass  the  intersec- 
tion of  Broadway,  Fourteenth  street  and  San  Pablo  avenue,  and 
Thirteenth  and  Washington  streeis,  are  hereby  required  to  station 
flagmen,  and  keep  said  flagmen  so  stationed,  at  the  intersection  of 
said  Broadway,  Fourteenth  street  and  San  Pablo  avenue,  also  Thir> 
teenth  and  Washington  streets,  during  the  hours  of  the  day  or  night 
that  said  railways  are  in  operation. 

Section  2.  No  conductor,  motorman,  gripman,  person,  firm, 
company  or  corporation  owning,  operating,  controlling  or  having  in 
charge  or  care,  any  street  railway  car,  shall  cause  or  permit  the  said 
car  to  pass  said  crossings,  as  specified  in  Section  one  of  this  ordinance, 
until  the  flagman  there  stationed  sliall  signal  him  or  them  so  to  do. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing five  hundred  dollars,  and  in  case  said  fine  be  not  paid,  then  by 
imprisonment  in  the  City  Prison  of  the  City  of  Oakland^  at  the  rate 
of  one  day  for  every  two  dollars  of  said  fine  remaining  unpaid. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  February  15,  1895.    Vol.  4,  p.  655.) 


ORDINANCE   No.  1665. 


AN  ORDINANCE  REQUIRING  RAILROAD  COMPANIES 
AND  CORPORATIONS  OPERATING  RAILROADS  BY 
STEAM  TO  ERECT  AND  MAINTAIN  GATES  AT  A 
DISTANCE  OF  TWO  HUNDRED  FEET  FROM  WEB- 
STER STREET  DRAWBRIDGE.  AND  AT  A  POINT 
BETWEEN     FIRST     STREET     AND     ALICE     STREET 

I  DRAWBRIDGE. 


3o6  GENERAL  MUNICIPAL  ORDINANCES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  railroad  company  or  corporation  operating 
any  railroad  by  steam  upon,  along  and  over  Webster  street  draw- 
bridge and  Alice  street  drawbridge,  shall  erect  and  maintain  auto- 
matic gates  at  a  point  two  hundred  feet  distant  and  northerly  from 
said  Webster  street  drawbridge.  Also  erect  and  maintain  gates 
across  the  railroad  tracks  which  curve  from  First  street  to  the  Alice 
street  drawbridge,  and  used  by  said  railroad  companies.  Said  gates 
to  be  so  operated  automatically  that  they  shall  close  when  the  draw- 
bridge opens  and  open  when  the  drawbridge  closes,  and  to  be  pro- 
vided with  suitable  lights  at  night  time. 

Section  2.  No  conductor,  engineer,  fireman,  brakeman  or  other 
person  having  charge  of  any  steam  railway  car  or  locomotive  while 
moving  towards  said  drawbridge  shall  permit  or  cause  the  same  to 
pass  the  points  located  and  designated  in  Section  i  of  this  ordinance, 
unless  the  said  automatic  gates  are  in  position  and  operated  in  ac- 
cordance with  the  requirements  of  this  ordinance. 

Section  3.  Any  person  who  violates  any  provision  of  this  or- 
dinance shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  not  to  exceed  the  sum  of  five 
hundred  dollar.s,  and  in  case  said  fine  is  not  paid,  then  the  person  or 
persons  so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City 
of  Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  thirty  days  after  its  passage  and  approval. 

(Approved  February  23,  1895.    Vol.  4,  p.  661.) 


ORDINANCE   No.   1670. 


AN  ORDINANCE  REQUIRING  RAILROAD  COMPANIES 
AND  CORPORATIONS  OPERATING  RAILROADS  BY 
STEAM  IN  THE  CITY  OF  OAKLAND,  TO  ERECT. 
MAINTAIN  AND  OPERATE  SEMAPHORES  AT  ALL 
STREETS  IN  SAID  CITY  WHERE  STEAM  RAILROAD 
TRACKS  CROSS  THE  TRACKS  OF  ANY  STREET 
RAILROAD. 


OF  THE  CITY  OF  OAKLAND,  CAL.  307 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  conipaiiy  or  corporation  operating  a  railroad 
by  steam  in  the  City  of  Oakland  shall  erect,  maintain  and  operate  a 
semaphore  at  each  street  in  said  city  where  the  railroad  tracks  of 
such  company  or  corporation  cross  the  tracks  of  any  street  railroad, 
and  each  of  said  semaphores  shall  be  constantly  operated  at  all  times 
when  steam  cars  or  locomotives  approach  the  same,  so  that  the  danger 
signal  may  be  shown  to  any  one  having  the  charge  or  control  of  any 
street  car  approaching  the  said  semaphore. 

Section  2.  No  conductor,  engineer  or  other  person  having 
charge  or  control  of  any  steam  locomotive  or  railway  car  shall  cause 
or  permit  the  same  to  cross  any  track  of  any  street  railway  in  the 
City  of  Oakland,  unless  the  semaphore  is  maintained  and  operated  at 
such  crossing,  as  provided  in  Section  i  of  this  ordinance. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  to  exceed  $500.00  and  in 
case  said  fine  be  not  paid  then  the  person  or  persons  so  fined  may  be 
imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate 
of  one  day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  sixty  days  after  the  date  of  its  passage  and  approval. 

(Approved  March  9,  1895.    Vol.  4,  p.  668.) 


ORDINANCE  No.   1673. 


AN  ORDINANCE  REQUIRING  RAILROAD  COMPANIES  TO 
STATION  FLAGMEN  AT  CERTAIN  STREET  CROSS- 
INGS IN  THE  CITY  OF  OAKLAND,  AND  REGULAT- 
ING THE  PASSAGE  OF  RAILWAY  ENGINES  OVER 
AND  ACROSS  SAID  CROSSINGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  All  persons,  firms  or  corporations  owning,  operating 
or  controlling  any  steam  railway  upon  Seventh,  First  or  Webster 
streets,  or  upon  Railroad  avenue  in  the  City  of  Oakland,  are  hereby 
required  to  station  flagmen,  and  keep  said  flagmen   so  stationed,  at 


3o8  GENERAL  MUNICIPAL  ORDINANCES 

the  following  points,  during  the  hours  of  the  day  or  night  that  said 
railway  is  in  operation,  to-wit:  Seventh  and  Jefferson  streets,  Seventh 
and  West  streets,  Seventh  and  Myrtle  streets,  First  and  Franklin 
streets.  First  and  Washington  streets,  Webster  and  Eighth  streets, 
and  Webster  and  Eleventh  streets.  Also,  upon  Seventh  street  or 
Railroad  avenue,  where  the  railroad  tracks  cross  said  street  west  of 
Bay  street. 

Section  2.  No  person,  firm  or  corporation  owning,  operating  or 
controlling  any  railway  engine  upon  First,  Seventh  or  Webster  streets, 
or  upon  Railroad  avenue,  in  the  City  of  Oakland,  shall  cause  or  per- 
mit the  said  engine  to  pass  any  of  the  points  specified  in  Section  one 
of  this  ordinance  until  the  flagman  there  stationed  shall  signal  him 
or  them  to  do  so.  Provided,  however,  that  this  ordinance  shall  not 
apply  to  trains  passing  said  points  between  the  hours  of  I  a.  m.  and 
S  a.  m. 

Section  2^.  Any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  punished  by  a  fine 
not  exceeding  five  hundred  dollars,  and  in  case  said  fine  be  not  paid, 
then  by  imprisonment  in  the  City  Prison  of  the  City  of  Oakland  at 
the  rate  of  one  day  for  every  two  dollars  of  the  fine  imposed  and 
remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  March  21,  1895.    Vol.  4,  p.  672.) 


ORDINANCE  No.  1685. 


AN  ORDINANCE  MAKING  UNLAWFUL  THE  CHARGE, 
EXACTION  OR  COLLECTION  OF  FARES  FROM  PAS- 
SENGERS RIDING  BETWEEN  STATIONS  WITHIN 
THE  CORPORATE  LIMITS  OF  THE  CITY  OF  OAK- 
LAND, CALIFORNIA,  ON  CARS  PROPELLED  BY 
STEAM,  AND  PROVIDING  A  PENALTY  FOR  A  VIO- 
LATION THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.     It  is  hereby  declared  unlawful  for  any  person,  firm  or 
corporation,  owning,  controlling  or  operating  a  railroad  over  which 


OF  THE  CITY  OF  OAKLAND,  CAL.  309 

cars  are  propelled  by  steam  through  the  City  of  Oakland,  for  the 
purpose  of  carrying  passengers,  to  charge,  exact  or  collect  fares  for 
carrying  or  transporting  any  person  or  persons  between  stations 
within  the  corporate  limits  of  the  City  of  Oakland,  California. 

Section  2.  Any  person,  firm  or  corporation  violating  any  pro- 
vision of  this  ordinance  shall  be  declared  guilty  of  a  misdemeanor  and 
be  punishable  by  a  fine  not  exceeding  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  each  two  dollars  of  the  fine  so  imposed  and  unpaid. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  im- 
mediately upon  its  approval. 

(Approved  June  22,  1895.    Vol.  4,  p.  689.) 


ORDINANCE  No.  1705. 


AN  ORDINANCE  REQUIRING  MOTORMEN  AND  GRIP- 
MEN  OPERATING  STREET  CARS  WITHIN  THE  LIM- 
ITS OF  THE  CITY  OF  OAKLAND  TO  SOUND  THE 
ALARM  BELLS  OF  THE  CARS  BEFORE  CROSSING 
STREETS  AND  FIXING  A  PENALTY  FOR  A  VIOLA- 
TION THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  motorman 
or  gripman  having  charge  of  an  electric  or  a  cable  street  car  to  allow 
such  to  be  propelled  across  any  street  within  the  City  of  Oakland 
without  having  sounded  said  car's  alarm  gong  or  bell  while  within  a 
distance  of  from  fifty  to  twenty-five  feet  of  the  street  about  to  be 
crossed. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  and 


3IO  GENERAL  MUNICIPAL  ORDINANCES 

if  such  imposed  fine  be  not  paid,  then  by  imprisonment  in  the  City- 
Prison  at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  unpaid. 

(Approved  September  24,  1895.     Vol.  4,  p.  719.) 


ORDINANCE  No.  1746. 


AN  ORDINANCE  REGULATING  THE  MEETING,  PASSING 
AND  SPEED  OF  STREET  RAILWAY  CARS  WITHIN 
THE  LIMITS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  motorman, 
gripman,  conductor,  or  other  person  operating,  controlling  or  hav- 
ing charge  of  any  street  railway  car  or  cars  operating  in  the  streets 
of  the  City  of  Oakland,  to  cause,  permit,  or  allow  the  same  to  pass 
another  car  or  cars  within  the  intersection  of  any  cross  street  or 
within  fifty  feet  of  either  side  of  the  intersection  of  any  cross  street. 

Section  2.  It  is  hereby  declared  unlawful  for  any  motorman, 
gripman,  conductor  or  other  person  operating,  controlling  or  hav- 
ing charge  of  any  street  railway  car  to  cause,  permit,  or  allow  the 
same  to  pass  another  car  at  a  rate  of  speed  greater  than  three  miles 
an  hour. 

Section  3.  Any  motorman,  gripman,  conductor  or  other  person 
violating  any  of  the  provisions  of  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  two  hundred  and  fifty  ($250.00)  dollars. 
and  in  case  said  fine  be  not  paid,  then  the  person  so  fined  to  be  im- 
prisoned in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  April  24,  1896.     Vol.  5,  p.  56.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  3" 


ORDINANCE  No.   1739. 


AN  ORDINANCE  REGULATING  THE  SPEED  OF  ELEC- 
TRIC AND  CABLE  STREET  CARS,  RAILWAY  EN- 
GINES AND  CARS  PROPELLED  BY  STEAM  IN  THAT 
PORTION  OF  THE  CITY  OF  OAKLAND  BOUNDED 
ON  THE  NORTH  BY  THE  NORTHERLY  LINE  OF  SIX- 
TEENTH STREET,  ON  THE  EAST  BY  THE  EASTERLY 
LINE  OF  FRANKLIN  STREET,  ON  THE  SOUTH  BY 
THE  SOUTHERN  BOUNDARY  LINE  OF  THE  CITY, 
AND  ON  THE  WEST  BY  THE  WESTERLY  LINE  OF 
WASHINGTON  STREET. 

Be  it  Ordained  bjl  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion owning,  operating  or  controlling  any  electric  or  cable  street 
cars,  railway  engines  or  cars  propelled  by  steam  to  cause,  allow  or 
permit  the  same  to  attain  a  greater  maximum  rate  of  speed  than 
eight  (8)  miles  an  hour  in  any  of  that  portion  of  the  City  of  Oak- 
land bounded  on  the  north  by  the  northerly  line  of  Sixteenth  street, 
on  the  east  by  the  easterly  line  of  Franklin  street,  on  the  south  by 
the  southerly  charter  line  of  the  City  of  Oakland,  and  on  the  west 
by  the  westerly  line  of  Washington  street. 

Section  2.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed 
one  hundred  dollars,  and  in  case  said  fine  be  not  paid,  then  the  per- 
son or  persons  so  fined  shall  be  imprisoned  in  the  City  Prison  of  the 
City  of  Oakland  at  the  rate  of  one  day  for  every  two  ($2)  dollars  of 
the  fine  so  imposed  and  remaining  unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  eflfect  immediately  upon  its 
approval.  , 

(Approved  March  20,  1896.    Vol.  5,  p.  43.) 


312  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1754. 


AN  ORDINANCE  AUTHORIZING  AND  DIRECTING  THE 
NORTHERN  RAILWAY  COMPANY  TO  CHANGE  THE 
LOCATION  OF  ITS  TRACKS  ON  CEDAR  STREET. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  The  Northern  Railway  Company  is  hereby  authorized 
and  directed  to  change  the  location  of  its  tracks  on  Cedar  street  so 
that  the  most  westerly  rail  of  any  of  said  tracks  shall  be  a  distance  of 
twenty-three  feet  from  the  western  curb  line  of  said  Cedar  street. 

Section  2.  All  ordinances  or  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  May  22,  1896.     Vol.  5,  p.  67.) 


ORDINANCE  No.  1747. 


AN  ORDINANCE  DECLARING  IT  TO  BE  UNLAWFUL  FOR 
ANY  MOTORMAN,  GRIPMAN  OR  DRIVER,  WHILE 
IN  CHARGE  OF  A  STREET  CAR  WITHIN  THE  LIM- 
ITS OF  THE  CITY  OF  OAKLAND  TO  LEAVE  HIS  PO 
SITION  ON  SUCH  CAR  WHILE  THE  CAR'  IS  IN 
MOTION,  AND  PROVIDING  A  PENALTY  FOR  A  VIO- 
LATION HEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  motorman, 
gripman  or  driver,  operating  or  controlling  any  street  car  within  the 
limits  of  the  City  of  Oakland,  to  leave  the  position  occupied  by  said 
motorman,  gripman  or  driver  in  operating  or  controlling  the  machin- 


OF  THE  CITY  OF  OAKLAND,  CAL.  313 

ery,  horses  or  other  motive  power  of  the  car,   while  said  car  is  in 
motion. 

Section  2.  Any  person  violating  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  one  hundred  ($ioo.oo)  dollars,  and  in 
case  said  fine  be  not  paid,  then  by  imprisonment  in  the  City  Prison 
at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so  imposed  and 
remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  April  24,  1896.    Vol.  5,  p.  58.) 


314  GENERAL  MUNICIPAL  ORDINANCES 


CHAPTER    XII. 

Miscellaneous  Penal  Ordinances. 


ORDINANCE  No.  161. 


AN  ORDINANCE  TO  PROHIBIT  THE  CUTTING  DOWN  OF 
TREES  IN  ANY  OF  THE  PUBLIC  STREETS  OR 
SQUARES  OF  THE  CITY. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  shall  not  be  lawful  for  any  person  or  persons  to  cut 
down,  remove  or  mutilate  any  tree  or  trees  growing  upon  any  of  the 
streets  or  public  squares  of  the  city  except  by  authority  of  the  Council. 

Section  2.  Any  person  violating  this  ordinance  shall  be  liable, 
upon  conviction  thereof,  to  a  fine  or  imprisonment,  or  both,  in  the 
discretion  of  the  Court  having  jurisdiction  of  the  case;  such  fine  not 
to  exceed  $100  and  such  imprisonment  not  to  exceed  ten  days. 

Section  3.     Any  ordinance  conflicting  herewith  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  from  and  after  its 
passage. 

(Approved  April  24,  i860.    Vol.  i,  p.  140.) 


ORDINANCE  No.  262. 


AN  ORDINANCE  FOR  THE    PROTECTION    OF  BIRDS  IN 
THE  CITY  OF  OAKLAND. 


OF  THE  CITY  OF  OAKLAND,  CAL.  315 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  No  person  shall  trap,  snare,  or  otherwise  capture  or 
kill  any  wild  bird,  exgept  water  fowl  and  birds  of  prey,  within  the 
limits  of  the  City  of  Oakland. 

Section  2.  Any  person  violating  Section  i  of  this  ordinance  shall 
be  deemed  guilty  of  a  misdemeanor  and  on  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  ten  dollars;  and  in  default  of 
payment  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  fron; 
and  i>fter  ten  days  after  its  approval  by  the  Mayor. 

(Approved  May  11,  1867.     Vol.  i,  p.  259.) 


ORDINANCE  No.  320. 


AN  ORDINANCE  TO  REGULATE  DANCE  HOUSES  IN  THE 
CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  That  it  shall  be  unlawful  for  the  keeper  or  owner  of 
any  saloon  or  dance  house  within  the  limits  of  the  City  of  Oakland 
to  allow  or  permit  to  be  carried  on  in  such  saloon  or  dance  house, 
dancing  or  other  loud  .and  boisterous  play  or  amusement  after  the 
hour  of  eleven  o'clock  in  the  evening. 

Section  2.  Any  person  violating  the  first  section  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  ten  dollars,  nor  more  than 
fifty  dollars;  and  in  case  such  fine  is  not  paid,  to  be  imprisoned  m 
the  City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of  such  fina. 

Section  3.  This  ordinance  to  take  effect  from  and  after  its  ap- 
proval. 

(Approved  July  24,  1868.     Vol.  i.  p.  319.) 


3i6  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  360. 


AN  ORDINANCE  PROHIBITING  THE  BLOWING  OF  A 
POLICEMAN'S  WHISTLE  WITHIN  THE  LIMITS  OF 
THE  CITY  OF  OAKLAND,  EXCEPT  BY  POLICEMEN. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  within  the  limits 
of  the  City  of  Oakland  in  the  night  or  day  time  to  blow  upon  what 
is  known  and  denominated  '*a  policeman's  whistle,"  so  as  to  produce 
noise  or  whistling  sound,  excepting  in  cases  of  necessity  or  impend- 
ing danger,  real  or  apparent;  provided^  however,  that  this  ordinance 
shall  in  no  way  or  manner  affect  the  duties,  practice  or  regulation  of 
the  Department  of  Police,  or  any  officer  thereof,  or  persons  having 
permission  from  the  Captain  of  Police  to  keep  and  use  the  same. 
(Amendment  approved  September  8,  1888.    Vol.  3,  p.  304.) 

Section  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  not  less  than  ten  dollars,  nor  more  than 
thirty;  and  in  default  of  the  payment  thereof,  shall  be  imprisoned  in 
the  City  Prison  one  day  for  every  two  dollars  of  such  line. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  December  11,  1869.    Vol.  i,  p.  379.) 


ORDINANCE  No.  896. 


AN  ORDINANCE  FOR  THE  PREVENTION  AND  SUPPRESS- 
ION OF  NUISANCES. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  No  person  shall  establish  or  maintain  any  slaughter 
house,  keep  any  hog  or  hogs,  cure  or  keep  hides,  skins,  or  peltry, 
slaughter  cattle,  sheep  or  any  other  kind  of  animal;  pursue,  maintain 


OF  THE  CITY  OF  OAKLAND,  CAL.  317 

or  carry  on  any  other  business  or  occupation  offensive  to  the  senses 
ur  prejudicial  to  the  public  health  or  comfort  within  the  limits  of  the 
City  of  Oakland.  (Amendment  approved  Dec.  11,  1897.  Vol.  5,  p. 
2;;.) 

Section  2.  No  person  shall  engage  in  the  occupation  or  business 
of  burning  brick  in  kilns  within  the  limits  of  the  City  of  Oakland. 

Section  3.  No  person  shall  engage  in  the  occupation  or  business 
of  reducing  or  smelting  ores  containing  sulphurets  of  lead,  arsenic, 
copper  or  antimony  within  the  limits  of  the  City  of  Oakland. 

Section  4.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  in  a  sum  not  less  than  seventy-five  dollars 
and  not  more  than  one  hundred  dollars,  and  shall  also  be  fined  in  a 
sum  not  less  than  seventy  five  dollars  and  not  more  than  one  hundred 
dollars  for  each  and  every  day  during  which  said  person  shall  con- 
tinue to  violate  any  of  the  provisions  of  this  ordinance;  and  in  default 
of  payment  thereof  shall  be  imprisoned  one  day  for  every  two  dollars 
of  such  fine. 

Section  5.  All  ordinances  or  parts  of  ordinances,  so  far  as  they 
conflict  with  the  provisions  of  this  ordinance,  are  hereby  repealed. 

Section  6  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  August  16,  1870.    Vol.  i,  p.  438.) 


ORDINANCE  No.  418. 


AN  ORDINANCE  TO  PREVENT  STALLIONS,  BULL3  OR 
JACKASSES  FROM  BEING  STAKED  OUT  OR  RUN- 
NING AT  LARGE  IN  OR  UPON  ANY  PUBLIC  STREETS 
OR  UNINCLOSED  LOTS  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  or  persons  to 
stake  out  or  cause  to  be  staked  out  upon  any  open,  vacant  or  unin- 
closed  lot  or  field  within  the  limits  of  the  City  of  Oakland,  any 
stallion,  bull  or  jackass,  or  allow  or  permit  any  stallion,  bull  or 
jackass  to  run  at  large  upon  any  open,  vacant  or  uninclosed  lot  or 
field  within  the  limits  of  the  City  of  Oakland;  and  it  shall 
be  unlawful  for  any  person  or  persons  to  allow  or  permit  any 
stallion,  bull  or  jackass  to  be  staked  out  or  run  at  large  in  or  upon 


3i8  GENERAL  MUNICIPAL  ORDINANCES 

any  lot  or  field  within  the  limits  of  the  City  of  Oakland,  unless  the 
same  be  inclosed  by  a  good  and  substantial  fence  of  sufficient  height, 
strength  and  durability  to  prevent  such  stallion,  bull  or  jackass  from 
escaping  into  and  upon  the  public  streets  of  the  City  of  Oakland,  or 
into  or  upon  any  lot  open,  vacant  or  inclosed;  and  it  shall  be  unlawful 
fdr  any  person  or  persons  to  permit  or  allow  any  stallion,  bull  or 
jackass  to  run  at  large  in  any  of  the  streets,  lanes  or  alleys  within  the 
limits  of  the  City  of  Oakland. 

This  ordinance  shall  apply  to  the  owner  or  owners,  possessor  or 
possessors,  their  agents  and  servants,  and  to  all  persons  having  the 
control  of  such  stallion,  bull  or  jackass. 

Section  2.  Every  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  to  exceed  one  hundred 
dollars;  and  in  default  of  payment  shall  be  imprisoned  in  the  City 
Prison  one  day  for  every  two  dollars  of  such  fine. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  June  29,  1871.     Vol.  i,  p.  472.) 


ORDINANCE   No.  435. 


AN  ORDINANCE  TO  PREVENT  THE  USE  OF  HORSES 
AND  OTHER  ANIMALS  SICK  AND  AFFLICTED  WITH 
A  DISEASE  CALLED  GLANDERS  WITHIN  THE  PUB- 
LIC STREETS  OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  use,  ride,  load  or  drive  any  horse  or  other  animal  afiflicted  with  the 
disease  known  as  glanders  vvithin  the  public  streets  of  the  City  of 
Oakland^  or  to  water  such  diseased  horse  or  other  animal  at  any 
watering  place  in  any  of  the  public  streets  or  places  with  said  city. 

Section  2.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  m  the  sum  of  twenty  dollars,  and 
in  default  of  payment  thereof  be  imprisoned  in  the  City  Prison  one 
day  for  each  two  dollars  of  such  fine. 


OF  THE  CITY  OF  OAKLAND,  CAL.  319 

Section  3.     This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  October  31,  1871.     Vol.  i,  p.  519.) 


ORDINANCE   No.  514. 


AN  ORDINANCE  TO  PREVENT  THE  OWNERS- OR  POSS- 
ESSORS OF  LAME,  DISEASED,  DISABLED  OR  WORN- 
OUT  HORSES  OR  MULES,  OR  ANY  HORSE  OR 
MULE,  FROM  TURNING  THE  SAME  LOOSE  TO 
RUN  AT  LARGE  UPON  THE  PUBLIC  STREETS, 
PLAZAS  AND  PLACES  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  From  and  after  the  passage  of  this  ordinance  it  shall 
be  unlawful  for  any  person  to  turn  loose  to  run  at  large  in  and  upon 
the  public  streets,  plazas  and  other  public  places  in  the  City  of  Oak- 
land any  lame,  disabled^  diseased  or  worn-out  horse  or  mule,  or  any 
horse  or  mule. 

Section  2.  Any  person  violating  the  provisions  of  this  ordinance, 
or  any  provision  therein  contained,  shall  be  deemed  guilty  of  the 
commission  of  a  public  offense  of  the  grade  of  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  the  sum  of  twenty-five  dol- 
lars, and  in  default  of  the  payment  thereof,  shall  be  imprisoned  in 
the  City  Prison  of  the  City  of  Oakland  one  day  for  every  two  dollars 
of  such  fine. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  January  13,  1873.     Vol.  2,  p.  222.) 


ORDINANCE   No.  537 


AN  ORDINANCE  PROVIDING  FOR  THE  VERIFICATION 
OF  BILLS,  CLAIMS  AND  DEMANDS  AGAINST  THE 
CITY  OF  OAKLAND. 


320  GENERAL  MUNICAPAL  ORDINANCES 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  From  and  after  the  approval  of  this  ordinance  all 
bills,  claims  and  demands  against  the  City  of  Oakland  presented  for 
payment  shall  be  verified  by  an  affidavit  of  the  claimant,  or  his  or  her 
assignor,  annexed  thereto,  to  the  effect  that  the  same  is  true  and 
correct  and  that  the  same  nor  any  part  thereof  has  ever  been  paid  or 
satisfied,  and  has  or  has  not,  as  the  case  may  be,  been  before  presented 
for  payment;  provided^  however,  that  all  salary  bills  and  bills  certified 
to  as  being  true  and  correct  by  a  city  officer,  who  has  knowledge  of 
the  fact  and  originating  within  the  particular  department  of  such  city 
officer,  shall  not  come  within  the  provisions  of  this  ordinance,  and 
is  expressly  excepted  therefrom;  and  provided,  further,  that  this  or- 
dinance does  not,  nor  is  it  intended  to  conflict  with  that  provision  ot 
the  City  Charter  requiring  all  officers  intrusted  with  money  belonging 
to  the  city  to  make  oath  that  the  same  has  been  paid  over  to  the  City 
Treasurer  before  receiving  pay  for  their  services. 

Section  .?.  (Repealed  by  Ordinance  No.  1419,  approved  April 
30.  1892.    Vol.  4,  p.  184.) 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  April  24.  1873.    Vol.  2,  p.  261.) 


ORDINANCE  No.  654. 


AN  ORDINANCE  TO  PREVENT  PERSONS  FROM  LOD(;- 
ING  IN  BARNS  AND  OUTBUILDINGS  IN  THE  CITV 
OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  asjollows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  lodge 
in  any  barn,  shed,  shop,  outhouse,  vessel  or  place  other  than  such  as 
kept  for  lodging  purposes,  without  the  permission  of  the  owner  or 
party  entitled  to  the  possession  thereof. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  e:cceeding  one  hundred  dollars,  and 
in  case  the  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned 
in  the  City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of 
the  fine  imposed. 


OF  THE  CITY  OF  OAKLAND,  CAL.  321 

Section  3.     This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  January  6,  1876.     Vol.  2,  p.  443. 


ORDINANCE  No.  719. 


AN  ORDINANCE  FOR  IHE  REGULATION  AND  LOCA- 
TION OF  HOUSES  FOR  THE  STORAGE  OF  HAY. 
STRAW  AND  ALL  COMBUSTIBLE  MATERIALS 
WITHIN  CERTAIN  LIMITS  OF  THE  CITY  OF  OAK- 
LAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  have 
or  keep  for  sale,  or  to  maintain  for  storage  or  otherwise,  more  than 
(20)  twenty  tons  of  hay,  straw  or  any  combustible  material  in  any 
house  or  building;  or  upon  any  lot,  piece  or  parcel  of  land  within 
the  following  described  limits,  to-wit: 

Commencing  at  the  intersection  of  the  northerly  line  of  Third 
street  with  the  easterly  line  of  Castro  street  in  the  City  of  Oakland; 
running  thence  northerly  along  the  easterly  line  of  Castro  street  and 
said  line  produced  to  the  southerly  line  of  Twenty-second  street; 
thence  easterly  to  a  point  on  the  westerly  arm  of  Lake  Merritt  two 
hundred  (200)  feet  northerly  from  the  northerly  line  of  Delger  or 
Twentieth  street;  thence  westerly,  easterly  and  southerly  along  the 
highest  tide  line  of  said  Lake  Merritt  to  the  northerly  line  of  Third 
street  produced  easterly  to  said  highest  tide  line;  thence  westerly 
along  the  northerly  line  of  Third  street  to  the  place  of  commence- 
ment.    (Amendment  approved  November  2,  1877.    Vol.  2,  p.  582.) 

Section  2.  Any  person  who  has  or  keeps  for  sale,  or  who  main- 
tains on  storage  more  than  (20)  twenty  tons  of  hay  or  straw  or  any 
combustible  materials  in  any  house  or  building,  or  upon  any  lot,  piece 
or  parcel  of  land  within  the  aforesaid  limits,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
exceeding  one  hundred  ($100)  dollars,  and  in  case  the  fine  be  not 
paid,  the  person  so  fined  shall  be  imprisoned  in  the  City  Prison  until 
the  fine  is  satisfied  at  the  rate  of  one  day's  imprisonment  for  every 


322  GENERAI.  MUNICIPAL  ORDINANCES 

two  dollars  of  the  fine  imposed.     CAmendment  approved  Septembei 
S,  iS88.    Vol.  3.  P-  302.) 

Section  3     Ihis  ordinance  shnll  take  efifect  and  be  in  full  force 
en  and  after  its  approval. 

(Approved  March  16,  1877.     Vol.  2,  p.  534.) 


ORDINANCE  No.  816. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  AP^ 
FEARING  IN  PUBLIC  IN  A  DRESS  OTHER  THAN 
BELONGING  TO  HIS  OR  HER  SEX. 

Th£  Council  of  the  City  of  Oakland  do  ordain  as  follows; 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  ap- 
pear in  a  public  place  naked  or  in  a  dress  not  belonging  to  his  or 
her  sex,  or  in  an  indecent  or  lewd  dress. 

Section  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  exceeding  one  hundred  ($100.00)  dollars,  and  in 
case  the  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned  in 
the  City  Prison  until  the  fine  is  satisfied  at  the  rate  of  one  (i)  day 
for  every  two  dollars  ($2)  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
and  effect  on  and  after  its  approval. 

(Approved  May  8,  1879.    Vol.  2,  p.  707.) 


ORDINANCE  No.  818. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  TAK 
ING  OR  PASSING  INTOXICATING  LIQUORS  INTO 
THE  CITY  PRISON  OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows  : 

Section  i.  It  shall  be  unlawful  for  any  person,  without  per- 
mission of  the  officer  in  charge,  to  bring  or  pass  any  intoxicating 
liquor  into  the  City  Prison  of  the  City  of  Oakland. 


OF  THE  CITY  OF  OAKLAND,  CAL.  323 

Section  2.  Any  person  violating  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereot  shall  be  fined 
not  exceeding  one  hundred  dollars  ($100);  and  in  case  the  fine  be 
not  paid,  the  person  so  fined  shall  be  imprisoned  in  the  City  Prison 
until  the  fine  is  satisfied,  at  the  rate  of  one  (i)  day  for  every  two  dol- 
lars ($2)  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
and  effect  on  and  after  its  approval. 

(Approved  May  10,  1879.     Vol.  2,  p.  709.) 


ORDINANCE  No.   875. 


AN   ORDINANCE    PROHIBITING    BOYS    FROM  GETTING 
ON  AND  OFF  RAILROAD  CARS  WHILE  IN  MOTION. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  boy  under  the  age  of  six- 
teen years  to  get  on  or  attempt  to  get  on,  any  car  or  train  of  cars 
propelled  by  steam;  or  to  get  off,  or  attempt  to  get  off,  from  any  such 
car,  or  train  of  cars,  while  the  same  is  in  motion,  at  any  place  in  the 
City  of  Oakland. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars; 
and  in  case  the  fine  be  not  paid,  shall  be  imprisoned  in  the  City  Jail 
of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two  dollars 
of  the  fine  imposed.  ^ 

Section  3.     This  ordinance  shall  take  effect  immediately. 

(Approved  October  5,  1880.    Vol.  3,  p.  30.) 

[Note. — This  ordinance  is  supplemented  by  Ordinance  No.  1540, 
post,  purporting  to  amend  the  same.  Approved  July  19,  1893.  Vol. 
4.  p.  447-] 


ORDINANCE  No.  879. 


AN  ORDINANCE  TO  SUPPRESS  OPIUM  DENS  AND  PRE- 
VENT IMMORALITY. 


324  GENERAL  MUNICIPAL  ORDINANCES 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  No  person  shall,  in  the  City  of  Oakland,  own,  or  keep, 
or  maintain,  or  manage,  or  smoke  opium  at,  or  become  an  inmate  of, 
or  visit,  or  resort  to,  or  in  any  way  contribute  to  the  support  of,  any 
house,  or  room,  or  place  where  opium  is  smoked^  or  where  persons 
assemble  for  the  purpose  of  smoking  opium,  or  inhaling  the  fumes 
of  opium,  or  which  is  kept  as  a  place  of  resort  for  smoking  opium. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
oicnnance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
iiollars,  and  in  case  the  fine  be  not  paid,  shall  be  imprisoned  at  the 
rate  of  one  day  for  each  two  dollars  of,  the  fine  imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  4.    This  ordinance  shall  take  effect  immediately. 

(Approved  January  19,  1881.    Vol.  3,  p.  35.) 


ORDINANCE   No.  881. 


AN  ORDINANCE  PROHIBITING  CERTAIN  MINORS  FROM 
BEING  ON  THE  PUBLIC  STREETS  AT  NIGHT. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  shall  be  unlawfal  for  any  minor  under  the  age  ot 
sixteen  years  to  be  or  appear  in  any  street,  square  or  public  place 
in  the  City  of  Oakland  after  9  o'clock  at  night,  and  between  said 
hour  and  daylight  of  the  following  morning,  unless  such  minor  be 
accompanied  by  the  parent,  guardian  or  other  person  having  the  law- 
ful control  of  such  minor,  or  have  the  express  written  permission  of 
such  parent,  guardian  or  other  person,  to  be  on  the  streets  between 
said  hours. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars, 
and  in  case  the  fine  be  not  paid,  shall  be  imprisoned  in  the  City  Jail 
until  the  same  is  satisfied  at  the  rate  of  one  day  for  each  two  dollars 
of  the  fine  imposed. 

Section  3.    This  ordinance  shall  take  effect  immediately. 

(Approved  February  23,  1881.    Vol.  3,  p.  38.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  325 

ORDINANCE  No.  932. 


AN  ORDINANCE  TO  PROHIBIT  THE  DEFACING  OF 
BUILDINGS  AND  TREES  BY  ADVERTISING  NOTICES, 
AND  TO  PROHIBIT  CARRYING  OF  PLACARDS  AND 
DISTRIBUTION  OF  ADVERTISING  NOTICES  ON 
SIDEWALKS  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  post, 
stick,  stamp,  paint  or  otherwise  affix,  or  cause  to  be  posted,  stuck, 
stamped,  painted  or  otherwise  affixed,  any  bill,  poster,  notice  or  ad- 
vertisement to  or  upon  any  house  or  part  thereof,  or  upon  any  tele- 
graph pole,  wall,  fence,  gate  post,  sidewalk,  trees  or  boxes  around 
trees  in  any  part  of  the  City  of  Oakland  without  permission  in  writ- 
ing of  the  owner,  agent  or  occupier  of  the  premises  so  to  do. 

Section  2.  It  is  hereby  declared  unlawful  for  any  person  upon 
any  sidewalk,  or  in  any  street  in  the  City  of  Oakland,  to  carry,  bear, 
or  support  any  banner,  sign,  transparency,  framework,  device  or  em- 
blem used  or  purporting  to  be  used  or  intended  as  an  advertisement 
of  any  trade,  profession  or  business,  place  of  business,  office,  store  or 
occupation,  or  to  throw  upon  any  sidewalk,  street,  square  or  other 
public  place,  any  advertisement,  paper,  bill,  poster,  flyer,  notice  or 
advertising  device  or  emblem,  used  or  purporting  to  be  used,  or  in- 
tended as  an  advertisement,  or  notice  of  any  article  or  merchandise, 
or  of  any  trade,  profession  or  business,  office,  store  or  occupation  of 
any  person  or  persons.  (Amendment  approved  October  30,  1890. 
Vol.  3,  p.  529.) 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  fined  not  exceeding  one  hundred  dollars,  and  in 
case  the  fine  be  not  paid  the  person  so  fined  may  be  imprisoned  in 
the  City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  imposed. 

Section  4.  This  ordinance  shall  take  efTect  from  and  after  its 
approval  by  the  Mayor. 

(Approved  September  4,  1883.    Vol.  3,  p.  118.) 


326  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE   No.   941. 


AN  ORDINANCE  PROVIDING  FOR  THE  SAFE-KEEPING 
OF  HAY,  STRAW,  SHAVINGS  AND  COMBUSTIBLE 
WASTE  MATERIAL. 

The  Council  of  the  City  of  Oakland  do  ordaitt  as  follows: 

Section  i.  Every  person  making,  using  or  having  the  charge 
or  control  of  hay,  straw,  shavings,  sacks,  bags,  litter  or  any  com- 
bustible material,  or  waste,  or  fragments,  or  refuse  of  a  combustible 
character,  shall,  at  the  close  of  each  day  cause  the  same  to  be  securely 
stored  or  disposed  of  in  such  way  as  to  safely  protect  the  same  from 
fire,  and  in  such  way  as  shall  not  endanger  other  property. 

Section  2.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  pay  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  every  person  so  convicted  shall  be  im- 
prisoned in  the  City  Prison  of  the  City  of  Oakland  until  the  fine  so 
imposed  is  satisfied,  at  the  rate  of  one  day's  imp'risonment  for  every 
two  dollars  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval  by  the  Mayor. 

(Approved  February  13,  1884.     Vol.  3,  p.  129.) 


ORDINANCE   No.   989. 


AN  ORDINANCE  TO  PREVENT  CIGARETTE  SMOKING  IN 
THE  STREETS  AND  PUBLIC  PLACES  OF  THE  CITY 
OF  OAKLAND  BY  CERTAIN  PERSONS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  I.  It  is  hereby  declared  unlawful  for  any  minor  under 
the  age  of  sixteen  years  to  smoke  any  cigarette  in  any  railway  car, 
street,  square,  public  building  or  public  place  in  the  City  of  Oakland. 


OF  THE  CITY  OF  OAKLAND,  CAL.  327 

Section  2.  Any  person  violating  any  of  the  provisions  of  tins 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  exceeding  fifty  dollars,  and  in  case 
said  fine  be  not  paid  then  the  person  or  persons  so  fined  may  be  im- 
prisoned in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  August  23,  1886.     Vol.  3,  p.  21 1."* 


ORDINANCE  No.  1005. 


AN    ORDINANCE    CONCERNING   THE   SALE   TO    MINORS 
OF  INTOXICATING  LIQUORS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person,  firm 
©r  corporation  to,  within  the  limits  of  the  City  of  Oakland,  sell,  give 
away  or  deliver  to  any  person  under  the  age  of  sixteen  years  any 
spirituous,  vinous,  malt  or  other  intoxicating  liquors;  provided,  that 
this  ordinance  shall  not  apply  to  the  sale  or  delivery  of  liquors  by 
the  owner  and  proprietors  of  drug  stores  upon  the  prescription  of 
any  regular  practicing  physician  for  medicinal  purposes. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  and  in  case  the  said  fine  be  not  paid,  then  the  person  or  per- 
sons so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City  of 
Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so 
imposed. 

Section  3.  All  ordinances  and  parts  of  ordii>ances  in  conflict  with 
this  ordinance  are  hereby  repealed 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Apprqved  March  19,  1887.    Vol.  3,  p.  241.) 


328  GENERAI,  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1010. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  TAKING 
OPIUM  INTO  THE  CITY  PRISON  OF  THE  CITY  OF 
OAKLAND. 

The  Council  of  the  City  of.  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person,  with- 
out the  written  permission  of  the  Health  Officer  of  the  City  of  Oak- 
land, to  bring  into  the  City  Prison  of  the  City  of  Oakland,  or  to  have 
in  his  possession  while  a  prisoner  in  said  City  Prison  any  opium  or 
any  of  the  preparations  of  opium. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars,  and  in  case  said  fine  be  not  paid,  then  the  person  so 
fined  shall  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at 
the  rate  of  one  day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordmance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  approval. 

(Approved  June  8,  1887.     Vol.  3,  p.  250.) 


ORDINANCE  No.   1011. 


AN  ORDINANCE  TO  PREVENT  THE  IMPERSONATION  OF 
CERTAIN  PUBLIC  OFFICERS. 

The  Couudl  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  i.  It  is  hereby-  declared  unlawful  for  any  person  within 
the  limits  of  the  City  of  Oakland  to  falsely  rperesent  himself  to  be 
a  Police  Captain  or  Police  Officer,  Sheriff,  Deputy  Sheriff,  City  Mar- 
shal or  Deputy  City  Marshal  or  Member  of  the  Fire  Department, 
Constable  or  Deputy  Constable,  or  to  wear  any  Police,  Sheriff  or 
Deputy  Sheriff,   Marshal.   Deputy  Marshal,  Constable,    Deputy   Con- 


OF  THE  CITY  OF  OAKLAND,  CAL.  329 

stable  or  Fire  Department  badge  with  intent  to  deceive,  or  to  use 
any  signs,  badge  or  devices  used  by  the  Police  Department  or  the 
Fire  Department  of  the  City  of  Oakland  with  intent  as  aforesaid. 

Section  2.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  one  hun- 
dred dollars,  and  in  case  said  fine  be  not  paid,  then  the  person  or 
persons  so  fined  shall  be  imprisoned  in  the  City  Prison  of  the  City 
of  Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  approval. 

(Approved  June  8,  1887.     Vol.  3,  p.  251.) 


ORDINANCE  No.  1021. 


AN  ORDINANCE  PROHIBITING  THE  SOLICITING  OF 
PATRONAGE  ON  RAILROAD  TRAINS,  STEAMBOATS 
OR  VEHICLES  WITHOUT  THE  CONSENT  OF  THE 
OWNERS  THEREOF  WITHIN  THE  CORPORATE 
LIMITS  OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  /allows: 

Section  i.  No  person  shall  solicit  patronage  for  any  hotel,  vehicle 
or  other  business  upon  any  railroad  train,  steamboat  or  vehicla  what- 
soever within  the  corporate  limits  of  the  City  of  Oakland,  without 
first  having  obtained  permission  in  writing  so  to  do  from  the  owner, 
charterer,  lessee,  or  managing  agent  of  such  owner,  charterer  or 
lessee  of  such  railroad  train ^  steamboat  or  other  vehicle. 

Section  2.  Any  person  violating  the  provisions  of  Section  i  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars,  or  by  imprisonment  not  exceeding  one  day  for  each 
two  dollars  of  the  fine  imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

■  Section  4.  This  ordinance  shall  take  efifect  and  be  in  force  from 
and  after  its  approval. 

(Approved  October  7,  1887.    Vol.  3.  p.  259.) 


330  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.   1135. 


AN  ORDINANCE  TO  PREVENT  DRUNKENNESS. 
Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  be  drunk  in  a  public  place,  or  place 
open  to  public  view,  in  the  City  of  Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid  then  by  imprisonment  at  the  rate  of  one  day  for  ever)- 
two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled  "An  Ordinance  to  Prevent 
Drunkenness  and  Disorderly  Conduct  in  the  City  of  Oakland,"  ap- 
proved  April  6.  1877,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon 
its  approval. 

(Approved  May  15,   1890.    Vol.  3,  p.  433.) 


ORDINANCE  No.  1137. 


AN  ORDINANCE  TO   PREVENT  PROFANE  AND  VULGAR 
LANGUAGE. 

Be  it  Ordained  by  the  Cowicil  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall,  in  the  City  of  Oakland,  utter  within 
the  hearing  of  two  or  more  persons  any  profane  or  vulgar  language^ 
words,  or  epithets. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case  such 
file  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon 
its  approval. 

(.•\pproved  May  15,   1890     Vol.  3,  p.  435.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  331 

ORDINANCE  No.  1139. 


AN  ORDINANCE  FOR  THE   PROTECTION  OF  THE  ALA- 
MEDA BRIDGE,  SO  CALLED. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland^  as  follows: 

Section  i.  No  person  shall  ride  or  drive  any  horse,  mule,  or 
animal  drawing  any  vehicle,  or  otherwise,  along,  upon  or  across  the 
draw  of  what  is  known  and  denominated  as  the  Alameda  bridge,  in 
the  City  of  Oakland,  at  a  rate  of  speed  taster  than  a  walk. 

,  Section  2.  An  ordinance  entitled  "An  Ordinance  for  the  Pro  • 
tection  of  What  is  Known  and  Denominated  the  Alameda  Bridge, 
Etc.,"  approved  July  10,  1871,  is  hereby  repealed. 

Section  3.  Any  person  violating  i^-.v  c^f  the  provisions  of  Sec- 
tion I  of  this  ordinance  is  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  line  not  to  exceed  one  hundred 
dollars,  and  in  case  such  fine  be  not  paid,  by  imprisonment  at  the  rate 
of  one  day  for  every  two  dollars  of  such  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.     Vol.  3,  p.  437.) 


ORDINANCE  No.  1140. 


AN  ORDINANCE  TO  PREVENT  HORSES  AND  MULES 
FROM  RUNNING  AWAY  IN  THE  PUBLIC  STREETS 
OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  leive  or  allow  any  horse  or  mule  to 
be  or  remain  standing  upon  any  of  the  public  streets  of  the  City  of 
Oakland,  unless  such  animal  is  in  some  way  properly  secured,  either 
by  hitching  or  being  under  the  personal  control  of  some  person  ot 
suitable  age. 


332  GENERAL  MUNICIPAL  ORDINANCES 

Section  2.  An  ordinance  entitled  "An  Ordinance  to  Prevent 
Horses  and  Other  Animals  from  Running  Away  in  the  Public  Streets 
of  the  City  of  Oakland,"  approved  May  12,  1874,  and  all  ordinances 
amendatory  thereof,  are  hereby  repealed. 

Section  3.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  fine  of  not  to  exceed  one  hundred  dollars;  and  m 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon 
its  approval. 

(Approved  May  15,  1890.     Vol.  3,  p.  438.) 


ORDINANCE   No.   1141. 


AN  ORDINANCE  TO  PROHIBIT  THE  CARRYING  OF  CON- 
CEALED WEAPONS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  in  the  City  ot 
Oakland,  not  being  a  public  officer  or  a  traveler  actually  engaged  in 
making  a  journey,  to  wear  or  carry  concealed  about  his  person  with- 
out a  permit,  as  hereinafter  provided,  any  pistol,  slung-shot,  brass  or 
iron  knuckles,  sand  club,  dirk  or  bowie  knife,  or  iron  bar  or  other 
dangerous  or  deadly  weapon,  or  any  sling  or  other  contrivance  by 
which  shot  or  other  missiles  are  or  may  be  hurled  or  projected.  A 
written  permit  may  be  granted  by  the  Mayor  for  a  period  of  not  to 
exceed  one  year  to  any  peaceable  person  whose  profession  or  occu- 
pation may  require  him  to  be  out  ut  late  hours  of  the  night  to  carry 
a  concealed  deadly  weapon  upon  his  person. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  cf  not  to  exceed  one  hundred  dollars;  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled  "An  Ordinance  to  Prohibit 
the  Carrying  of  Concealed  Weapons  in  the  City  of  Oakland,"  approved 
November  10,  1875,  and  also  Section  i  of  an  ordinance  entitled  "An 


OF  THE  CITY  OF  OAKLAND,  CAL.  333 

Ordinance    Prohibiting    the    Carrying    of    Pistols    and    Sling-shots," 
approved  May  4,  1881,  are  hereby  repealed. 

Section  4.     This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.     Vol.  3,  p.  439.)  ' 


ORDINANCE  No.  1142. 


AN    ORDINANCE    TO    PROHIBIT    THE    DISCHARGE    Ot 
CANNON,   ANVILS,    FIREARMS   AND    FIREWORKS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  fire  or  discharge,  or  cause  to  be  fired 
or  discharged  within  the  limits  of  the  City  of  Oakland,  any  cannon, 
anvil,  gun,  pistol  or  other  firearms,  Chinese  or  other  firecracker,  bomb, 
fireworks  or  explosive  preparation  of  a  similar  nature,  loaded  or 
charged  with  gunpowder,  or  any  other  explosive  material,  except  as 
hereinafter  provided. 

Section  2.  The  foregoing  provisions  as  to  the  ust  of  firearms 
shall  not  apply  to  peace  officers  in  the  discharge  of  their  official 
duties  and  using  reasonable  care;  nor  to  persons  using  firearms  m 
necessary  self  defense  or  in  a  careful  manner  for  the  purpose  of  des- 
troying noxious  animals  upon  land  owned  or  occupied  by  them;  nor 
to  persons  firing  firecrackers,  bombs,  fireworks  or  similar  prepara- 
tions or  pistols  with  blank  cartridges  on  the  3d.  4th  and  5th  days  of 
July. 

Section  3.  Cannon,  anvils  or  fireworks  may  be  discharged  upon 
occasions  of  public  parade,  procession  or  rejoicing,  after  permission 
in  writing  first  obtained  therefor  from  the  Mayor,  specifying  time 
and  place.  All  acts  under  such  permission  must  be  done  in  a  care- 
ful manner,  and  such  permission  shall  not  exempt  the  person  to  whom 
it  is  granted  from  any  liability  for  damage  done  to  person  or  prop- 
erty by  him  under  such  permission. 

Section  4.  Every  person  violating  any  provisions  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  m 
case  such  fine  be  not 'paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 


334  GENERAL  MUNICIPAL  ORDINANCES 

Section  5.     This  ordinance  shall  take  effect  immediately  upoft  its 
approval. 

(Approved  May  15,  1891.     Vol.  3,  p.  441.) 


ORDINANCE  No.  1143. 


AN  ORDINANCE  TO  PROHIBIT  THE  USE  OE  GUNS  AND 
PISTOLS  BY  CERTAIN  MINORS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  in  the  City  of  Oakland  sell  or  give  to 
any  minor  child  under  the  age  of  twelve  years,  nor  allow  any  such 
child  to  use,  handle  or  discharge  any  gun  or  pistol,  or  other  similar 
instrument,  from  or  by  means  of  which  any  bullet,  shot  or  other 
missile  of  any  kind  is  or  may  be  projected  by  means  of  cartridges, 
powder  or  other  explosive. 

Section  2.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  Sections  2  and  3  of  "An  Ordinance  Prohibiting  the 
Carrying  of  Pistols  and  Sling-shots,"  approved  May  4,  1881,  is  hereby 
repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1891.     Vol.  3,  p.  442. 


ORDINANCE  No.  1144. 


AN   ORDINANCE   FOR   THE   SUPPRESSION    OF   HOUSES 
OF  ILL-FAME  AND  PROSTITUTION. 


OF  THE  CITY  OF  OAKLAND,  CAL.  335 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  keep  or  carry  on  or  become  an  in- 
mate of,  or  a  visitor  to,  or  shall  in  any  way  contribute  to  the  support 
of,  any  house  of  ill-fame  or  prostitution  in  the  City  of  Oakland. 

Section  2.  No  person  shall  aid  or  assist,  or  be  engaged,  in  carry- 
ing on  or  causing  prostitution,  or  by  any  solicitation  induce,  or  at- 
tempt to  induce,  prostitution  to  be  carried  on  in  any  house,  room 
or  place  in  the  City  of  Oakland. 

Section  3.  An  ordinance  entitled  "An  Ordinance  for  the  Sup- 
pression of  Houses  of  Ill-fame,  etc.,"  approved  September  11,  1871, 
is  hereby  repealed. 

Section  4.  Any  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.    Vol.  3,  p.  443.) 


ORDINANCE  No.  1145. 


AN    ORDINANCE   TO    PROHIBIT   THE   USE    OF   SPRING, 
BOW  AND  AIR  GUNS  IN  PUBLIC  PLACES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  discharge  upon  any  public  street  or 
place  in  the  City  of  Oakland  any  gun  by  means  of  which  any  missile 
is  projected  by  means  of  a  spring,  bow  or  compressed  air. 

Section  2.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  tc  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.     Vol.  3,  p.  444.) 


336  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1219. 


AN   ORDINANCE  TO   PROVIDE    FOR   THE    KEEPING   OF 
WHARVES,  DOCKS  AND  PIERS  IN  GOOD  REPAIR. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Every  person  who  owns  or  has  control  of  any  whart, 
dock,  or  pier  in  the  City  of  Oakland  at  the  terminus  or  connected 
with  any  public  street,  or  upon  which  there  is  or  may  be  public  travel, 
shall  keep  the  same  in  good  condition  and  repair  sufficient  to  render 
the  same  safe  for  public  travel  and  not  dangerous  to  life,  limb  or 
property,  and  shall  obey  all  lawful  orders  of  the  Board  of  Public 
Works  requiring  any  work  upon  or  repair  to  the  same  which  may 
be  necessary  to  put  them  m  the  condition  required  by  the  foregoing 
provisions. 

Section  2.  An  ordmance  entitled,  "An  Ordinance  to  Prevent, 
Abate  and  Remove  Public  Nuisances  Within  the  City  of  Oakland," 
approved  December  4,  1871,  is  hereby  repealed. 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  dollar  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  October  30,  1890.    Vol.  3,  p.  531.) 


ORDINANCE  No.  1337. 


AN  ORDINANCE  REGULATING  THE  INSPECTION  OF  THE 
REGISTER  OF  ARTICLES  HELD  IN  PAWN  BY 
PAWNBROKERS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.     Every  person  who  carries  on  the  business  of  a  pawn- 
broker in  the  City  of  Oakland  shall  at  any  time,  upon  request  of  any 


OF  THE  CITY  OF  OAKLAND,  CAL.  337 

police  officer  of  the  City  of  Oakland,  produce  his  register  for  in- 
spection, or  exhibit  any  articles  received  by  him  in  pledge  on  his 
account  of  sales. 

Section  2.  Every  person  violating  any  provision  of  this  ordi- 
nance is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  tw^  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled  "An  Ordinance  in  Relation-  to 
the  Duties  of  Pawnbrokers,  etc."  approved  June  9,  1873,  is  hereby 
repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.    Vol.  3,  p.  706.) 


ORDINANCE  No.  1910. 


AN  ORDINANCE  PROHIBITING  THE  SELLING  OR  OF- 
FERING FOR  SALE,  BUYING  OR  OFFERING  TO 
BUY,  ISSUING  OR  IN  ANY  MANNER  DISPOSING  OF. 
PURCHASING  OR  ACQUIRING,  ANY  INTEREST  IN 
ANY  POOL,  OR  IN  ANY  POOL-TICKET.  CERTIFI- 
CATE, WRITING,  OR  OTHER  EVIDENCE  OF  THE 
PAYMENT,  ACCEPTANCE,  OR  DEPOSIT  OF  MONEY 
OR  OTHER  THING  OF  VALU^,  STAKED  UPON  THE 
RESULT  OF  ANY  CONTEST  BETWEEN  MEN  OK 
HORSES,  AND  THE  MAKING  OF  BETS  OR  WAGERS 
ON  SUCH  CONTESTS,  AND  THE  ACTING  AS  STAKE- 
HOLDER OF  BETS  OR  WAGERS  ON  SUCH  CON- 
TESTS, WITHIN  THE  CITY  OF  OAKLAND,  AND  PRO- 
VIDING A  PENALTY  FOR  THE  VIOLATION  THERE- 
OF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  within  the  City  of  Oakland,  sell  or 
offer  for  sale,  buy  or  offer  to  buy,  issue  or  in  any  manner  dispose  of, 
purchase  or  acquire,  any  interest  in  any  pool,  or  in  any  pool  ticket. 


333  GENERAL  MUNICIPAL  ORDINANCES 

certificate,  writing  or  other  evidence  of  payment,  acceptance  or  de- 
posit of  money  or  other  thing  of  value,  staked  upon  the  result  of  any 
contest  between  men  or  horses. 

Section  2.  No  person  shall  within  said  city,  make  any  bet  or 
lay  any  wager  on  such  a  contest,  or  act  as  stakeholder  of  any  bets  or 
wagers  laid  thereon,  or  receive  or  pay  over  any  money  or  article  or 
thing  of  value,  the  possession,  right  of  possession,  ownership,  or  value 
of  which  has  been,  is,  or  is  to  be,  determined  by  any  such  contest,  or 
is,  or  is  to  be,  in  any  way  dependent  upon  the  result  thereof. 

Section  3.  No  person  shall  lease  or  rent,  any  building,  structure, 
room,  apartment,  place  or  premises  whatever  within  the  City  of  Oak- 
land, or  permit  the  same  to  be  used  or  occupied,  for  any  of  the  pur- 
poses mentioned  in  and  prohibited  by  this  ordinance. 

Section  4.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  more  than  five 
hundred  ($500.00)  dollars,  and  if  such  fine,  or  any  part  thereof,  be  not 
paid,  then  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  (i) 
day  for  each  two  ($2.00)  dollars  of  the  fine  so  imposed  and  remain- 
ing unpaid. 

Section  S-  Ordinance  No.  1424,  approved  May  27th,  1892,  and  all 
other  ordinances  and  parts  of  ordinances  in  conflict  with  this  ordinance 
are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  force  from, 
and  after  its  approval. 

(Approved  June  2,  1898.     Vol.  5,  p.  281.) 


ORDINANCE  No.  1462. 


AN  ORDINANCE  FOR  THE  REGULATION  OF  THE  STOR- 
AGE, SALE  AND  CARRIAGE  OF  GUNPOWDER, 
BLASTING  POWDER.  GIANT  POWDER,  GUN- 
COTTON,  NITRO-GLYCERINE,  DYNAMITE,  FIRE- 
WORKS AND  OTHER  COMBUSTIBLE  OR  EXPLOS 
IVE  MATERIAL  WITHIN  THE  LIMITS  OF  THE  CITV 
OF  OAKLAND. 


OF  THE  CITY  OF  OAKLAND,  CAL.  339 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  or  persons,  firm  or  corporation  shall  keep, 
sell  or  give  away  within  the  corporate  limits  of  the  City  of  Oakland  any 
gun  powder,  blasting  powder^  giant  powder,  gun-cotton,  nitro-glycer- 
ine  or  dynamite  in  any  quantity  without  first  obtaining  from  the  City 
Tax  Collector  a  license  therefor. 

Section  2.  No  person  or  persons,  firm  or  corporation  shall  stort 
or  keep  for  sale  at  his,  their  or  its  place  of  business  or  elsewhere  within 
the  corporate  limits  of  the  City  of  Oakland,  a  greater  quantity  of  gun 
powder,  blasting  powder,  giant  powder,  gun-cotton,  nitro-glycerine 
or  dynamite,  than  fifty  (50)  pounds  at  any  one  time,  and  the  same 
shall  then  be  kept  in  tin  cannisters  or  cases,  containing  not  to  exceed 
thirty  pounds  each,  and  in  a  situation  remote  from  fires,  lighted 
lamps,  candles,  gas  or  other  inflammable  matter^  and  from  which  situ- 
ation the  same  may  be  easily  removed  in  case  of  fire. 

Section  3.  No  person  or  persons  shall  carry  or  convey  any  gun 
powder^  blasting  powder,  giant  powder,  gun-cotton,  nitro-glycerine 
or  dynamite  exceeding  fifty  pounds  in  quantity,  through  any  street, 
lane,  alley,  highway  or  road  within  the  limits  of  the  City  of  Oakland  in 
any  cart,  wagon,  dray  or  wheelbarrow,  or  otherwise,  unless  the  same 
be  secured  in  tight  cases  or  kegs,  well  headed  and  hooped,  and  put 
into  and  entirely  covered  with  a  good,  tight  and  substantial  leather 
bag  sufficient  to  prevent  the  same  from  being  spilled  or  scattered, 
or  unless  the  same  is  put  into  a  well  covered  and  perfectly  water  tight 
box,  the  bottom  and  sides  of  which  shall  be  completely  covered  with 
zinc,  or  unless  such  gun  powder,  blasting  powder,  giant  powder^  gun 
cotton,  nitro-glycerine  or  dynamite,  be  secured  in  water  tight  patent 
metallic  cases  or  kegs.  ^ 

Section  4  No  person  or  persons,  firm  or  corporation  shall  store 
within  the  limits  of  the  City  of  Oakland  any  gun  powder,  blasting 
powder,  giant  powder,  gun-cotton,  nitro-glycerine,  dynamite,  fire- 
works or  other  explosive  material  in  any  house,  barn,  shed,  ware- 
house, magazine  or  other  building^  except  in  a  regular  store  where  the 
same  is  kept  for  sale,  without  the  consent  in  writing  of  all  the  prop- 
erty owners  and  residents  within  one  thousand  feet  of  such  storage 
and  also  the  permission  by  resolution  from  the  Council  of  the  City 
of  Oakland  must  be  obtained  before  any  such  storage  can  be  made. 

Section  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars;  and  in  case  the  fine  be  not  paid,  the  person  so  fined  shall  be 


340  GENERAIv  MUNICIPAL  ORDINANCES 

imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of 
one  day's  imprisonment  for  every  two  dollars  of  the  fine  imposed. 

Section  6.     This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  October  5,  1892.    Vol.  4,  p.  297.) 


ORDINANCE   No.  1906. 


AN  ORDINANCE  REGULATING  THE  STORAGE  OF  KERO- 
SENE," COAL  OIL,  AND  ALL  REFINED  PRODUCTS 
OF  CRUDE  PETROLEUM,  WITHIN  THE  LIMITS  OF 
THE  CITY  OF  OAKLAND,  AND  IMPOSING  A  PEN- 
ALTY FOR  THE  VIOLATION  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  or  persons,  firm 
or  corporation,  to  keep,  store,  or  permit  to  be  kept  or  stored,  in  or 
upon  any  premises  owned  or  controlled  by  such  person,  firm  or  cor- 
poration, within  the  limits  of  the  Cily  of  Oakland,  any  kerosene,  coal 
oil,  or  any  of  the  refined  products  of  crude  petroleum,  in  larger  quan- 
tity than  1500  gallons,  except  in  that  portion  of  said  city  bounded  and 
described  as  follows,  to-wit: 

Beginning  at  the  point  of  intersection  of  the  center  line  of  Peralta 
street  with  the  center  line ,  of  Twentieth  street,  and  running  thence 
northerly  along  the  center  line  of  Peralta  street  to  the  center  line  of 
Twenty-sixth  street;  thence  westerly  along  the  center  line  of  Twenty- 
sixth  street  and  its  westerly  projection  to  the  line  between  Sections 
21  and  22,  according  to  Map  Number  ii  of  the  salt  marsh  and  tide 
land,  survey;  thence  southerly  along  the  said  line  between  Sections  21 
and  22  of  the  above-named  survey  to  the  center  line  of  Twentieth 
street,  produced  westerly;  thence  easterly  along  the  said  westerly  pro- 
jection of  and  the  center  line  of  Twentieth  street  to  the  place  of  be- 
ginning. Provided,  however,  that  the  provisions  of  this  ordinance 
shall  not  apply  to  crude  petroleum. 

Section  2.  All  buildings  or  structures  to  be  used  for  the  storage 
of  kerosene,  coal  oil,  or  any  of  the  refined  products  of  crude  petroleum, 
within  the  limits  of  the  City  of  Oakland,  shall  be  constructed  of 
brick  or  stone^  not  to  exceed  one  story  in  height,  and  the  walls  of 


OF  THE  CITY  OF  OAKLAND,  CAL.  341 

I 

said  buildings  shall  not  be  less  than  sixteen  (16)  inches  in  thickness, 
and  must  in  all  respects  be  fireproof  and  devoted  exclusively  to  the 
storage  of  kerosene,  coal  oil  or  any  of  the  refined  products  of  crude 
petroleum,  and  all  kerosene,  coal  oil,  and  any  of  the  refined  products 
of  crude  petroleum,  shall  be  kept  at  all  times  in  metal  cans  or  iron 
tanks. 

Section  3.  An  ordinance  entitled  "An  Ordinance  Regulating  the 
Storage  of  the  Refined  Products  of  Petroleum,"  approved  May  19th, 
1880,  and  an  ordinance  entitled  "An  Ordinance  Regulating  the  Stor- 
age of  the  Refined  Products  of  Petroleum  in  the  City  of  Oakland, 
Cal.,"  approved  June  4th,  1891,  and  an  ordinance  entitled  "An  Or- 
dinance Regulating  the  Storage  of  Petroleum,  Kerosene,  Coal  Oil. 
or  the  Refined  Products  Thercot,  Within  the  Limits  of  the  City  of 
Oakland,"  approved  June  loth,  1893,  and  all  ordinances  and  parts  of 
ordinances  in  conflict  with  this  ordinance  are  hereby  repealed. 

Section  4.  Every  person,  firm  or  corporation  vio'ating  any  pro- 
vision of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  may  be  fined  in  a  sum  not  to  exceed  five 
hundred  ($500.00)  dollars,  and  in  case  said  sum  be  not  paid,  then  the 
person  or  persons  so  fined  may  be  imprisoned  in  the  City  Prison  of 
the  City  of  Oakland  at  the  rate,  of  one(i)  day  for  every  two  ($2.00) 
dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  passage  and  approval. 

(Approved  May  19,  1898.     Vol.  5,  p.  274.) 


ORDINANCE  No.  1537. 


AN  ORDINANCE  TO  REGULATE  THE  ENTRANCE  TO  AND 
EXIT  FROM  THEATERS.  LECTURE  ROOMS,  PUBLIC 
HALLS  AND  CHURCHES,  AND  TO  PROHIBIT  THE 
PLACING  OF  CHAIRS,  STOOLS,  BENCHES  OR 
OTHER  OBSTACLES  IN  THE  AISLES  OF  SUCH 
BUILDINGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.     All  buildings  now  erected  or  to  be  erected  in  the  City 
of  Oakland,  and  used  for  public  assemblages,  in  whole  or  in  part, 


342  GENERAL  MUNICIPAL  ORDINANCES 

shall,  for  the  public  safety,  have  doors  for  the  ingress  and  egress  ol 
the  public  to  the  portions  so  used  for  said  assemblages  so  constructed 
that  they  shall  open  both  inwardly  and  outwardly,  and  in  no  case 
shall  they  be  constructed  to  open  inwardly,  or  to  slide,  and  all  build- 
ings altered  or  changed  for  use  of  public  assemblages,  in  respect  to 
the  doors  therein,  shall  be  made  to  conform  to  the  provisions  of  this 
section. 

The  owner  and  the  lessee  of  any  building  used  for  public  assem- 
blages, which  does  not  conform  to  this  section,  shall  be  liable  for  the 
violation  of  this  ordinance. 

Section  2.  All  the  main  aisles  and  passage  ways  in  buildings  used 
for  public  assemblages  shall  be  kept  free  from  campstools,  chairs, 
benches,  sofas  or  other  obstructions,  during  any  performance,  service^ 
exhibition,  lecture,  concert,  ball  or  any  assemblage  whatever,  and 
all  buildings  hereafter  erected,  altered  or  changed,  and  intended  for 
use  for  public  assemblages,  shall  have  the  main  aisle  and  passage  way 
of  at  least  twenty  inches  in  width  for  every  one  hundred  persons  or 
parts  thereof  to  be  provided  for,  and  no  aisle  or  passage  way  shall  be 
less  than  three  feet  six  inches  at  the  narrowest  points,  and  every  door- 
way communicating  with  the  aisles  and  passage  ways  in  the  auditor- 
ium shall  have  a  clear  opening  of  not  less  than  the  full  width  of  the 
aisles  and  passage  ways  leading  to  such  doorway,  and  each  door  shall 
open  outwardly. 

The  lessee  of  the  auditorium  and  the  manager  of  the  exhibition, 
lecture,  concert,  ball  or  entertainment  being  held  when  this  section 
is  violated  shall  be  liable  for  the  violation  of  this  ordinance. 

The  trustees  or  committee  of  the  congregation  or  association 
calling^  inviting  or  holding  the  services,  and  who  have  the  control 
of  the  room  in  which  such  service  is  held  when  this  section  is  violated 
shall  be  jointly  and  severally  liable  for  the  violation  of  this  ordinance. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion, shall  be  punished  by  a  fine  of  not  more  than  one  hundred  ($100) 
dollars,  or  by  imprisonment  in  the  City  Prison  for  not  more  than 
six  months,  or  by  both  fine  and  imprisonment;  and  in  case  the  fine  is 
not  paid,  then  by  .idditional  imprisonment  of  one  day  for  every  two 
dollars  of  the  fine  imposed,  and  the  continuance  or  maintaining  of  a 
violation  of  this  ordinance  shall  be  deemed  a  new  offense  for  each 
day  on  which  the  same  is  so  continued  or  maintained,  and  shall  be 
punished  accordingly.         ■" 

Section  4  This  ordinance  shall  take  effect  thirty  days  after  its 
passage. 

(Approved  July  3,  1893.     Vol.  4,  p.  443.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  343 

ORDINANCE  No.  1540. 


AN  ORDINANCE  TO  AMEND  AN  ORDINANCE  ENTITLED 
"AN  ORDINANCE  PROHIBITING  BOYS  FROM  GET- 
TING ON  AND  OFF  RAILROAD  CARS  WHILE  IN 
MOTION,"  APPROVED  OCTOBER  5.  1880. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  boy  under  the  age  ot 
sixteen  years  to  get  on,  or  attempt  to  get  on,  or  to  get  off,  or  at- 
tempt to  get  off,  from  any  car  or  train  propelled  either  by  steam,  cable, 
horses  or  electricity  while  the  said  car  or  train  is  in  motion,  at  any 
place  in  the  City  of  Oakland. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars; 
and  in  case  the  fine  be  not  paid,  shall  be  imprisoned  in  the  City  Jail 
of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two  dollars  of 
the  fine  imposed. 

Section  3.     This  ordinance  shall  take  effect  immediately. 

(Approved  July  19,  1893.    Vol.  4,  p.  447.) 

[Note — Although  the  title  of  this  ordinance  indicates  an  inten- 
tion to  amend  Ordinance  No.  875,  't  is  supplementary  to  it.] 


ORDINANCE   No.   1544. 


AN  ORDINANCE  PROVIDING  FOR  AND  REGULATING 
THE  RECEIVING  AND  WEIGHING  OF  SUPPLIES 
FURNISHED  TO  THE  CITY  OF  OAKLAND. 

Be  it  Otdained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section   i.     It  is  hereby  made  the  duty  of  the  Chief  of  Police, 
Chief  of  the  Fire  Department,  Superintendent  of  Schools,  Secretary 


344  GENERAL  MUNICIPAL  ORDINANCES 

of  the  Board  of  Public  Works  and  City  Clerk,  and  they  and  each 
of  them  are  hereby  directed,  authorized  and  required  to  carefully 
weigh  upon  the  city  scales  all  supplies  furnished  to  the  City  of  Oak- 
land by  weight,  for  use  in  their  several  departments. 

Section  2.  Immediately  upon  and  following  the  weighing  of  said 
supplies  the  persons  specified  and  mentioned  in  Section  i  of  this 
ordinance  shall  make  out,  sign  and  deliver  a  certificate,  written  in 
ink,  to  the  person  delivering  said  supplies,  certifying  to  the  weight, 
and  quantity  of  the  supplies  thus  weighed. 

Section  3.  Said  certificate  shall  be  attached  to  and  become  a  part 
of  all  bills,  claims  or  demands  against  the  City  of  Oakland  for  sup- 
plies furnished  to  the  City  of  Oakland  by  weight,  for  use  in  the  various 
departments  theieof. 

Section  4.  No  bills,  demands  or  claims  against  the  City  of  Oak- 
land for  supplies  of  the  kind  mentioned  above  shall  be  audited  or  paid 
unless  the  certificate  provided  for  above  be  attached  to  said  bill,  claim 
or  demand. 

Section  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  eflfect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  July  2^,  1893      Vol.  4,  p.  452.) 


ORDINANCE  No.  1604. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  BECOM- 
ING INMATES  OF  OR  VISITORS  TO  ANY  OFFICE, 
ROOM,  ETC.,  FOR  THE  SALE  OR  PREPARATION  OF 
LOTTERY  TICKETS,  OR  FOR  THE  DRAWING  OF 
ANY  LOTTERY,  ETC. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  within  the  limits 
of  the  City  of  Oakland  to  become  an  inmate  of,  or  visitor  to,  or  in 
any  manner  contribute  to  the  support  of  any  office  room  or  place, 
where  any  lottery  is  or  is  about  to  be  contrived,  prepared,  set  up,  pro- 
posed or  drawn;  any  ofBce,  room  or  place  for  the  sale  of  or  for  regis- 
tering the  number  of  any  ticket  in  any  lottery;  or  to  knowingly  let  or 
underlet,  or  transfer  the  possession  of,  for  use  of  any  person,  for  any 


OF  THE  CITY  OF  OAKLAND,  CAL.  345 

of  said  purposes;  or  to  permit  any  premises  to  be  occupied  or  used 
by  any  persons  for  any  of  said  purposes  after  he  shall  have  notice  of 
such  occupation  or  use. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  be  punished  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  for  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  April  23,  1894.     Vol.  4,  p.  551.) 


ORDINANCE   No.  1605. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  HAVING 
IN  THEIR  POSSESSION  LOTTERY  TICKETS  OR  ANY 
TOOLS  OR  INSTRUMENTS  USED  OR  INTENDED 
TO  BE  USED  IN  MAKING  SAID  TICKETS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  to  have  in  his 
possession,  unless  it  be  shown  that  such  possession  is  innocent,  or 
for  a  lawful  purpose,  any  lottery  ticket,  tickets,  certificate^  paper  or 
instrument  purporting  or  representing,  or  understood  to  be,  or  to 
represent  any  ticket,  chance,  share  or  interest  in  or  depending  upon 
the  event  of  any  lottery,  tool,  instrument,  stamp  or  device 
used  or  intended  to  be  used  in  or  for  contriving,  setting  up,  prepar- 
ing or  drawing  any  lottery,  or  used  or  intended  to  be  used  in  or  for 
contriving,  preparing,  making,  writing^  printing,  stamping  or  getting 
ready  for  sale  or  distribution  any  lottery  ticket  or  tickets. 

Section  2.  Every  person  found  in  any  room,  office  or  apartment, 
or  place  where  any  of  such  articles  above  enumerated  are  discovered 
shall,  unless  the  contrary  appears,  be  deemed  to  have  possession  of  the 
same. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 


345  GENERAL  MUNICIPAL  ORDINANCES 

be  punished  by  a  fine  not  to  exceed  five  hundred  dollars,  or  by  im- 
prisonment for  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

Section  4.     All  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  5.    This  ordinance  shall  take  effect  and  be  of  full  force 
from  and  after  its  approval. 

(Approved  April  23,  1894.     Vol.  4,  p.  553.) 


ORDINANCE  No.  1874. 


AN  ORDINANCE  PROHIBITING  THE  OFFERING,  SELL- 
ING, OR  GIVING  AWAY.  AS  AN  INDUCEMENT  FOR 
THE  PURCHASE  OF  GOODS,  ANY  TICKET,  STAMP, 
COUPON,  OR  THING  ENTITLING  THE  HOLDER  TO 
ANY  GIFT,  REWARD  OR  PRIZE,  OR  TO  A  CHANCE 
TO  OBTAIN  A  GIFT,  REWARD  OR  PRIZE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person,  fiim  or  corporation  shall  sell  or  give 
away,  or  ofTer  to  sell,  or  give  away,  as  an  inducement  for  the  pur- 
chase of  goods,  wares  or  merchandise,  any  ticket,  stamp,  coupon,  writ- 
ing or  thing,  entitling  the  holder  thereof  to  any  gift,  reward  or  prize, 
or  to  a  chance  to  obtain  any  gift,  reward  or  prize. 

Section  2.  Any  person  violating  any  of  the  provisions  of  thi? 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  to  exceed  one  hun- 
dred ($100.00)  dollars  and  in  default  of  payment  of  said  fine  or  any 
portion  thereof,  shall  be  imprisoned  in  the  City  Prison  at  the  rate  of 
one  (i)  day  for  each  two  ($2.00)  dollars  thereof  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  from  its  passage  and 
approval. 

(Appioved  March  i,  1898.    Vol.  5,  p.  2Z7^ 


OF  THE  CITY  OF  OAKLAND,  CAL.  347 

ORDINANCE  No.  1672. 


AN  ORDINANCE  TO  REGULATE  THE  HOURS  FOR  KEEP- 
ING OPEN  OF  LIQUOR  SALOONS,  BARS,  STORES, 
DRAM  SHOPS,  TIPPLING  PLACES,  STANDS  AND  ALL 
PLACES  WITHIN  THE  CITY  OF  OAKLAND  WHERE 
SPIRITUOUS,  MALT  OR  FERMENTED  LIQUORS  OR 
WINES,  OR  ANY  ADMIXTURE  THEREOF  ARE  SOLD 
OR  GIVEN  AWAY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oak.  and,  as  follows: 

Section  i.  It  shall  be  unlawful,  after  the  passage  of  this  ordinance, 
to  keep  open  within  the  limits  of  the  City  of  Oakland,  between  the 
hours  of  twelve  o'clock  midnight,  and  five  o'clock  a.  m.,  any  liquor 
saloon,  bar,  store,  dram  shop,  tippling  place,  stand  or  any  place  where 
spirituous,  malt  or  fermented  liquors  or  wines,  or  any  admixture 
thereof  are  sold  or  given  away;  or  to  sell  or  give  away  any  spirituous, 
malt  or  fermented  liquors  or  wines  or  any  admixture  thereof,  be- 
tween the  hours  of  midnight  and  five  o'clock  a.  m.,  in  any  liquor 
saloon,  bar,  store,  dram  shop,  tippling  place,  stand  or  any  place  where 
spirituous,  malt  or  fermented  liquors  or  wines  or  any  admixture 
thereof  are  sold  or  given  away;  provided^  however,  that  this  ordinance 
shall  not  be  construed  to  prevent  the  sale  of  alcoholic  liquors  in  a 
drug  store  for  medicinal  purposes. 

Section  2.  Any  person  violating  any  of  the  provisions  of  Section 
I  of  this  ordinance,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction,  be  punished  by  a  fine  not  to  exceed  one  hun- 
dred dollars,  and  in  case  the  said  fine  be  not  paid,  then  the  person  or 
persons  so  fined  may  be  imprisoned  in  the  City  Jail  at  the  rate  of 
one  day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  of  the  City  of  Oakland  entitled:  "An 
Ordinance  to  Regulate  the  Hours  for  Keeping  Open  of  Bars,  Liquor 
Saloons,  and  All  Places  Within  the  City  of  Oakland  Where  Spirit- 
uous, Malt  or  Fermented  Liquors  or  Wines  Are  Sold  in  Less  Quan- 
tities Than  One  Quart,"  passed  November  9th.  A.  D.,  1874,  and  ap- 
proved November  9th,  1874,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  force  on 
and  after  its  approval. 

(Approved  March  21,  1895.    Vol.  4,  p.  671.) 


348  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1691. 


AN  ORDINANCE  RESTRICTING  THE  EXPLODING  OF 
CHINA  BOMBS  AND  SIMILAR  EXPLOSIVES  WITHIN 
THE  LIMITS  OF  THE  CITY  OF  OAKLAND,  AND  PRO- 
VIDING A  PENALTY  FOR  THE  VIOLATION  THERE- 
OF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  to  cause 
to  explode  any  China  bomb  or  other  package  charged  with  a  like 
quantity  of  powder  in  any  street  within  the  fire  limits  of  this  city,  or 
on  any  sidewalk  within  the  limits  of  the  City  of  Oakland. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  subject  to,  and  pay  a  fine  not  exceeding  one  hundred  dollars, 
and  in  case  the  fine  so  imposed  be  not  paid  such  guilty  person  shall 
be  imprisoned  in  the  City  Prison  at  the  rate  of  one  day  for  each  %2 
of  the  fine  so  imposed  and  unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed. 

Section  4.     This  ordinance  shall  take  effect  upon  its  approval. 

(Approved  July  2,  1895.    Vol.  4,  p.  697.) 


ORDINANCE  No.  1708. 


AN     ORDINANCE    TO     PROHIBIT    THE     DEFACING     OF 
SIDEWALKS  BY  ADVERTISING  NOTICES  OR  SIGNS, 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  or  per- 
sons to  stick,  stamp,  paint  or  otherwise  affix,  or  cause  to  be  stuck, 
stamped,  painted  or  otherwise  affixed,  any  bill,  poster,  notice,  ad- 
vertisementj  or  sign  upon  any  sidewalk  in  the  City  of  Oakland. 


OF  THE  CITY  OF  OAKLAND,  CAL.  349 

Section  2.  Any  person  violating  this  ordinance  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  exceeding  one  hundred  dollars  and  in  case  such  fine  be 
not  paid,  then  the  person  or  persons  so  fined  may  be  imprisoned  in  the 
City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  November  2,  1895.     Vol.  5,  p.  4.) 


ORDINANCE  No.  1724. 


AN    ORDINANCE    TO    PROTECT    THE    PARKS    OF    THE 

CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  trespass  upon  the  grass  of  the  city  parks,  or  to  pick  flowers  from 
the  same,  or  in  any  way  to  damage  the  trees,  floral  beds,  buildings, 
benches,  seats,  fountains  or  any  fixtures  connected  therewith.  Tramps 
and  disorderly  crowds  are  not  allowed  upon  the  grounds.  Sleeping 
on  the  benches  or  seats,  and  pilfering  or  vandalism  of  any  sort  is 
strictly  prohibited. 

Section  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  exceeding  one  hundred  ($100.00)  dollars,  and  m 
case  the  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned  in. 
the  City  Prison  until  the  fine  is  satisfied  at  the  rate  of  one  (i)  day 
for  every  two  ($2)  dollars  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
and  effect  on  and  after  its  approval. 

(Approved  January  24,  1S96.     Vol.  5,  p.  23.) 


350  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1738. 


AN  ORDINANCE  GRANTING  TO  PIEDMONT  SANITARY 
DISTRICT,  A  MUNICIPAL  CORPORATION,  THE 
RIGHT  TO  CONNECT  THE  SEWER  SYSTEM  (TO  BE 
CONSTRUCTED  BY  SAID  SANITARY  DISTRICT)  AT 
THE  NORTHERN  BOUNDARY  LINE  OF  THE  CITY 
OF  OAKLAND  WITH  THE  SEWER  TO  BE  CON- 
STRUCTED BY  SAID  CITY  OF  OAKLAND,  IN 
STREETS  KNOWN  AS  PLEASANT  VALLEY  AVE- 
NUE AND  LAKE  AVENUE,  AND  PRESCRIBING  THE 
TERM  FOR  WHICH  AND  THE  CONDITIONS  UPON 
WHICH  SUCH  RIGHT  MAY  BE  USED. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Whereas,  the  Piedmont  Sanitary  District,  a  municipal 
corporation,  is  about  to  construct  a  sewer  system  in  said  district, 
and  has  petitioned  this  Council  for  permission  to  connect  said  system 
with  the  sewer  now  constructed  on  the  east  side  of  Lake  Merritt,  in 
the  City  of  Oakland,  and  known  as  the  East  Side  Sewer,  such  con- 
nection to  he  made  at  the  northern  boundary  line  of  the  City  of  Oak- 
land and  with  the  sewer  to  be  ordered  to  be  constructed  by  the  City 
of  Oakland,  in  the  streets  known  as  Pleasant  Valley  avenue  and  Lake 
avenue  and 

Whereas,  In  consideration  of  said  right  being  granted,  said  Pied- 
mont Sanitary  District  agrees  to  pay  to  the  City  of  Oakland,  the  sum 
of  $5000^  and  observe  and  perform  the  provisions  and  covenants  here- 
inafter mentioned. 

Therefore,  Be  it  ordained  that  said  Piedmont  Sanitary  District 
be  and  it  is  hereby  granted  the  right  to  make  the  connection  above 
mentioned,  upon  the  terms  and  conditions  specified  in  Section  2 
hereol. 

Section  2.  Said  sum  of  $5000  shall  be  paid  before  the  connec- 
tion above  mentioned  is  made.  Said  Piedmont  Sanitary  District  shall 
construct  according  to  ^plans,  line  and  grade  of  the  City  Engineer  of 
the  City  of  Oakland  and  to  the  satisfaction  of  the  Superintendent  ot 
Streets  of  the  City  of  Oakland,  a  16-inch  vitrified  ironstone  pipe  sewer 
from  Lake  avenue  to  the  sewer  in  Lake  Shore  avenue  and  shall  not 
connect  catch  basins  with  the  sewer  to  be  constructed  by  said  sanitary 
district  in  its  own  district. 


OF  THE  CITY  OF  OAKLAND,  CAL  351 

The  right  hereby  granted  shall  continue  for  six  years,  and  for 
such  longer  period  of  time  as  the  sewer  now  constructed  along  the 
east  side  of  Lake  Merritt  and  known  as  the  East  Side  Sewer  shall, 
in  the  judgment  of  this  Council  be  of  sufficient  capacity  to  carry  the 
sewage  of  said  sanitary  district  and  the  drainage  of  the  district  tribu- 
tary to  said  Second  Avenue  Sewer  situated  within  the  limits  of  the 
City  of  Oakland,  the  exercise  of  which  judgment  shall  be  conclusive. 

This  Council  shall  cause  to  be  constructed  a  sewer  along  said 
Pleasant  avenue  and  Lake  avenue  from  a  point  distant  southerly  about 
550  feet  from  the  southerly  line  of  Perry  street  to  the  northern  bound- 
ary line  of  the  City  of  Oakland,  and  shall  have  the  same  completed 
and  ready  for  use  within  ninety  days  after  the  time  when  the  connec- 
tion of  the  sewer  of  said  sanitary  district  is  ready  to  be  made.  Said 
sewer  so  to  be  constructed  shall  be  of  12,  14  and  16  inch  vitrified  iron- 
stone pipe  according  to  plans  submitted  by  the  City  Engineer  of  the 
City  of  Oakland. 

Section  3.  In  the  event  that  said  Piedmont  Sanitary  District 
shall  violate  any  of  the  provisions  of  this  ordinance,  the  City  Council 
shall  declare  all  rights  and  privileges  granted  hereby  terminated  and 
the  connection  herein  provided  for  shall  be  severed  and  discontinued. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  March  20,  1896.    Vol.  5,  p.  40.) 


ORDINANCE  No.  1766. 


AN  ORDINANCE  TO  PREVENT  THE  PROPAGATION  OF 
THE  SCOTCH  OR  CANADA  THISTLE  IN  THE  CITY 
OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  owning  or  possess- 
ing land  in  the  City  of  Oakland  to  permit  the  Scotch  or  Canada 
thistle  to  mature  and  disseminate  its  seed  on  land  so  owned  or  poss- 
essed by  such  person. 

Section  2.  It  shall  be  unlawful  for  any  person  to  knowingly  sow 
or  disseminate  any  seed  of  the  Scotch  or  Canada  thistle  upon  any 
land  owned  or  possessed  by  another. 


352  GENERAL  MUNICIPAL  ORDINANCES 

Section  3.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval. 

(Approved  September  30,  1896.    Vol.  5,  p.  86.) 


ORDINANCE  No.  1812. 


AN  ORDINANCE  TO  REGULATE  SWIMMING  AND  BATH- 
ING WITHIN  THE  CITY  LIMITS  OF  THE  CITY  OF 
OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  shall  be  unlawful  for  any  person  to  bathe  or  swim 
in  the  waters  of  Lake  Merritt  within  the  City  of  Oakland. 

Section  2.  It  shall  be  unlawful  for  any  person  to  bathe  or  swim 
in  the  waters  of  the  estuary  of  San  Antonio  (commonly  called  Oak 
land  Harbor)  or  any  of  the  waters  tributary  thereto  within  the  limits 
of  the  City  of  Oakland  unless  clad  in  a  bathing  suit. 

Section  3.  A  bathing  suit  under  this  ordinance  shall  be  as  follows: 
for  minors  under  12  years  of  age,  a  pair  of  trunks  reaching  from  the 
waist  to  the  thighs.  For  all  persons  over  12  years  of  age,  trunks  as 
aioresaid,  and  a  shirt  Oi'  jersey  worn  over  the  trunks  and  covering 
all  the  upper  part  of  the  body  except  the  head  and  arms.  Or  a  com- 
bination suit  or  a  single  garment  covering  the  body  from  the  thigh 
to  the  neck  as  hereinbefore  described  may  be  worn;  but  all  suits  shall 
be  made  of  such  material,  texture  and  color  as  to  leave  no  suggestion 
or  nudity  or  indecent  exposure  of  person. 

Section  4.  It  shall  be  unlawful  for  any  person  to  disrobe  for  the 
purpose  of  bathing  or  swimming  as  aforesaid,  except  under  the  shelter 
of  a  house,  tent  or  shed  reasonably  protected  from  observation  of  the 
public. 

Section  5.  Any  person  who  violates  this  ordinance  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  and  in  case  said 
fine  be  not  paid,  then  the   person  or  persons  so  fined   may   be  im- 


OP  THE  CITY  OF  OAKLAND,  CAL.  353 

prisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  each  two  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  6.  Ordinance  No.  1722,  being  "An  Ordinance  to  Regu- 
late Swimming  and  Bathing  Within  the  City  Limits  of  the  City  ot 
Oakland,"  and  all  other  ordinances  and  parts  of  ordinances  in  con- 
flict with  this  ordinance  are  hereby  repealed. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  passage  and  approval. 

(Approved  July  2,  1897.    Vol.  5,  p.  150.) 


ORDINANCE  No.  1817. 


AN  ORDINANCE  PROHIBITING  ANY  PERSON  FROM 
WEARING  HATS  AND  HEAD  COVERING  IN 
THEATERS  AND  PLACES  OF  AxMUSEMENT  DURING 
THE  .PERFORMANCE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  person  shall  wear  any  hat  or  bonnet  or  other  head 
covering  within  any  licensed  theater  in  the  City  of  Oakland  during 
the  rendition  of  any  programme  on  the  stage  or  platform  of  the  said 
theater,  but  every  such  hat,  bonnet  or  other  head  covering  shall  be 
removed  from  the  head  by  the  person  wearing  the  same  during  the 
time  of  performance  in  said  theater^  or  during  the  rendition  of  the 
programme  on  the  stage  or  platform  of  said  theater;  provided,  how- 
ever, that  the  above  inhibition  shall  not  be  held  to  include  skull  caps, 
lace  coverings  or  other  small  or  closely  fitting  head-dress  or  covering 
which  does  not  interfere  with  or  obstruct  the  view  of  the  stage  or 
platform  of  such  theater  of  persons  in  the  rear  of  such  wearers  while 
in  such  theater. 

Section  2.  No  person,  firm  or  corporation  having  the  lease, 
management  or  control  of  any  licensed  theater  shall  permit  any  person, 
during  the  time  of  performance  in  such  theater  or  during  the  ren- 
dition of  any  programme  on  the  stage  or  platform  of  said  theater, 
to  wear  any  hat,  bonnet  or  covering  for  the  head  contrary  to  the  pro- 
visions of  Section  i  of  this  ordinance;  and  every  person,  firm  or  cor- 
poration .having  the  lease,  management  or  control  of  any  licensed 
theater  shall  give  notice  of  the  provisions  of  this  ordinance  by  dis- 
tributing or  causing  to  be  distributed,  at  or  before  the  commence- 


354  GENERAL  MUNICIPAL  ORDINANCES 

ment  of  such  performance  or  the  rendition  of  such  programme,  gen- 
erally, among  those  present  thereat,  notices  of  said  ordinance  printed 
or  otherwise  published  on  cards,  handbills  or  other  devices,  or  in  a 
conspicuous  portion  of  the  programme. 

Section  3.  Any  person  who  shall  violate  the  provisions  of  Sec- 
tion 2  of  this  ordinance  shall  be  guilty  of  a  misdemeanor^  and,  upon 
conviction,  shall  be  punishable  by  a  fine  not  less  than  $10  nor  more 
than  $25,  or  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  day 
for  every  two  dollars  of  the  iine  so  imposed  and  remaining  unpaid. 

Section  4.     This  ordinance  shall  take 'effect  immediately. 

(Approved  July  23,  1897.    Vol.  5,  p.  150.) 


ORDINANCE  No.  1828. 


AN  ORDINANCE  TO  REGULATE  THE  HIRING  AND  USE 
OF  BOATS  IN  LAKE  MERRITT  AND  THAT  PORTION 
OF  THE  ESTUARY  OF  SAN  ANTONIO  OR  OAKLAND 
HARBOR  WITHIN  THE  LIMITS  OF  THE  CITY  OF 
OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  to  be  unlawful  for  any  boy  or 
girl  under  sixteen  (i6)  years  of  age  to  hire  a  boat  or  other  water 
craft,  to  be  used  upon  the  waters  of  Lake  Merritt  and  that  portion 
of  the  estuary  of  San  Antonio  or  Oakland  Harbor  within  the  limits 
of  the  City  of  Oakland,  unless  such  boy  or  girl  be  accompanied  by 
his  or  her  parent  or  guardian  or  an  adult  person. 

Section  2.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  rent  any  boat,  or  other  water  craft,  to  any  boy  or  girl  under  six- 
teen years  of  age  to  be  so  used,  unless  accompanied  by  such  parent 
or  guardian  or  an  adult  person. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding  twenty 
($20.00)  dollars;  and  in  case  the  fine  be  not  paid,  the  person  so  fined 
shall  be  imprisoned  in  the  City  Prison  until  said  fine  is  satisfied  at 
the  rate  of  one  (i)  day  for  every  two  ($2)  dollars  of  the  fine  so  im- 
posed. 

Section  4.     This  ordinance  shall  take  effgct  immediately. 

(Approved  September  28,  1897.     Vol.  5,  p.  172.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  355 

ORDINANCE  No.  1830. 


AN  ORDINANCE  ALTERING  THE  BOUNDARIES  OF  THE 
SECOND  WARD  OF  THE  CITY  OF  OAKLAND  BY  IN- 
CLUDING THEI^EEN  CERTAIN  TERRITORY  AD- 
JOINING SAID  WARD  AND  HERETOFORE  AN- 
NEXED TO  SAID  CITY  PURSUANT  TO  AN  ACT  OF 
THE  LEGISLATURE  OF  THE  STATE  OF  CALIFORNIA, 
APPROVED  MARCH  19th,  1889. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Whereas,  On  the  24th  day  of  June,  1897,  upon  due  proceedings 
had  and  taken  in  accordance  with,  and  pursuant  to,  an  Act  of  the 
Legislature  of  the  State  of  CaHfornia,  entitled,  "An  Act  to  Provide 
for  the  Alteration  of  the  Boundaries  of,  and  for  the  Annexation  ot 
Territory  to,  Incorporated  Towns  and  Cities,  and  for  the  Incorpora- 
tion of  Such  Annexed  Territory  in  and  as  a  Part  of  Such  Municipal- 
ities, and  for  the  Districting,  Government  and  Municipal  Control  of 
Annexed  Territory,"  approved  March  19th,  1889,  the  boundaries  of 
the  City  of  Oakland  were  altered,  by  annexing  thereto,  incorporating 
and  including  therein,  and  making  a  part  thereof,  that  certain  territory 
described  as  follows,  to-wit: 

Beginning  at  a  point  on  the  northern  boundary  line  of  the  City 
of  Oakland  150  feet  distant  easterly  from  the  easterly  line  of  San 
Pablo  avenue,  and  measured  at  a  right  angle  thereto,  said  beginning 
point  being  also  the  southeast  corner  of  the  Town  of  Emeryville,  and 
running  thence  in  a  northerly  direction  along  the  easterly  boundary 
line  of  the  Town  of  Emeryville  to  the  center  line  of  Temescal  crecK; 
thence  in  a  westerly  direction  following  the  center  line  of  the  bed  of 
Temescal  creek — being  also  the  boundary  line  of  the  Town  of  Emery- 
ville in  said  creek — to  a  pomt  730  feet  distant  westerly  from  the  westerly 
line  of  San  Pablo  avenue  measured  at  a  right  angle  thereto;  thence 
along  the  easterly  line  of  the  said  Town  of  Emeryville  in  a  northerly 
direction,  running  parallel  with  and  730  feet  distant  westerly  from 
said  line  of  San  Pablo  avenue  to  the  southern  boundary  line  of  the 
Town  of  Berkeley;  thence  easterly  following  the  boundary  line  of  the 
Town  of  Berkeley  to  a  point  on  said  boundary  line  of  the  Town  ot 
Berkeley  125  feet  distant  westerly  from  the  westerly  line  of  College 
avenue — also  known  as  College  waj- — and  measured  at  a  right  angle 
to  said  line  of  College  avenue;  thence  in  a  southerly  direction  on  a 


356  GENERAIv  MUNICIPAL  ORDINANCES 

line  parallel  with  and  125  feet  distant  westerly  from  said  line  of  Col- 
lege avenue  a  distance  of  1600  feet;  thence  at  a  right  angle  to  said 
line  of  College  avenue  in  an  easterly  direction  to  and  across  said  Col- 
lege avenue  to  a  point  275  feet  distant  easterly  from  the  easterly  line 
of  said  College  avenue  ana  measured  at  a  right  angle  thereto;  thence 
in  a  southerly  direction  along  a  line  parallel  with  and  275  feet  dis- 
tant easterly  from  the  easterly  line  of  College  avenue  and  its  extension 
and  measure.d  at  a  right  angle  thereto,  to  a  point  on  the  southerly 
line  of  Clifton  street,  as  said  street  is  laid  down,  delineated  and  so 
designated  on  a  map  entitled  Map  of  Rock  Ridge,  etc.,  filed  in  the 
ofifice  of  the  Recorder  of  Alameda  County  on  August  4th,  1879;  thence 
in  an  easterly  direction  along  said  line  of  Clifton  street  to  the  westerly 
line  of  McAdam  street,  as  delineated  and  so  designated  on  aforesaid 
Map  of  Rock  Ridge;  thence  in  a  direct  line  due  south  to  the  line 
dividing  plots  Nos.  13  and  15.  as  said  plots  are  delineated  and  so  des- 
ignated on  a  map  entitled  Map  of  the  Rancho  of  Vicente  and  Do- 
mingo Peralta,  etc.,  filed  in  the  office  of  the  Recorder  of  Alameda 
County  on  January  21st,  1857,  said  plot  line  is  the  western  boundary 
line  of  the  St  Mary's  Cemetery;  thence  along  said  plot  line  in  a 
southwesterly  direction  to  the  most  western  corner  of  said  plot  No. 
15;  thence  in  a  southeasterly  direction  following  the  line  dividing  plots 
Nos.  14  and  15  as  shown  on  map  of  aforesaid  ranchos  (the  last  named 
plot  line  being  the  southwesterly  boundary  of  the  St.  Mary's  and 
Mountain  View  Cemetenes)  to  the  westerly  line  of  Piedmont  Sani- 
tary District;  thence  following  the  boimdary  line  of  Piedmont  Sani- 
tary District  in  a  southerly  and  then  in  a  southeasterly  direction  to  its 
intersection  with  the  said  northern  boundary  line  of  the  City  of  Oak 
land,  and  thence  in  a  westerly  direction  along  the  said  boundary  line 
of  the  City  of  Oakland  to  the  place  of  beginning. 

And  whereas,  on  the  said  24th  day  of  June,  1897,  the  said  territory 
became,  ever  since  has  been,  and  is  now,  a  part  of  the  City  of  Oak- 
land, 

And  whereas,  it  is  provided  in  the  said  Act  approved  March  19th, 
1889,  as  aforesaid  J  that  the  Legislative  body  of  any  incorporated  city, 
to  which  territory  shall  have  been  annexed  pursuant  to  said  Act,  may  ' 
by  ordinance  so  alter  the  boundaries  of  the  wards  of  such  municipal 
corporation  as  to  include  such  annexed  territory  in  one  or  more 
wards  adjoining  such  annexed  territory. 

And  whereas,  the  said  territory  so  annexed  to  the  City  of  Oak- 
land, as  aforesaid,  adjoins  the  Second  ward  of  said  city,  and  does  not 
adjoin  any  other  ward  thereof. 

It  is  therefore  hereby  ordained  as  follows: 

Section  i.  The  boundaries  of  the  Second  Ward  of  the  City  ot 
Oakland  are  hereby  altered,  by  including  in  said  ward  and  annexing 
thereto  the  said  territory  hereinbefore  described. 


OF  THE  CITY  OF  OAKLAND,  CAL.  357 

Section  2.     The  boundaries  of  the  said  Second  Ward  shall  be  as 
follows: 

Beginning  at  a  point  where  the  line  dividing  Oakland  and  Brook- 
lyn Townships  intersects  the  present  charter  line  of  the  City  of  Oak- 
land and  running  thence  in  a  southwesterly  direction  along  said  line 
dividing  Oakland  and  Brooklyn  Townships  to  its  intersection  with  the 
old  charter  line  of  the  City  of  Oakland  in  the  northeast  arm  of  Lake 
Merritt;  thence  westerly  along  said  old  charter  line  to  a^ point  in  the 
center  of  the  northwest  arm  of  Lake  Merritt;  thence  in  a  northwesterly 
direction  along  the  center  line  of  said  northwest  arm  of  Lake  Merritt 
to  its  intersection  with  the  center  line  of  Walnut  street,  also  known  as 
Twenty-second  (22d)  street,  extended  eastwardly  to  the  center  of  said 
northwest  arm  of  Lake  Merritt;  thence  westerly  to  and  along  the 
center  line  of  said  Walnut  or  Twenty-second  street  to  the  center  line 
of  Telegraph  avenue;  thence  northerly  along  the  center  line  of  Tele- 
graph avenue  to  the  center  line  of  Charter  street,  also  known  as 
Twenty-second  street  C22d);  thence  westerly  along  the  center  line  of 
said  Charter  or  Twenty-second  street  to  the  center  line  of  San  Pablo 
avenue,  and  thence  westerly  along  the  center  line  of  Twenty-second 
(22d)  street  and  its  extension  westwardly  to  a  point  where  it  inter- 
sects the  western  charter  line  of  the  City  of  Oakland,  and  thence 
northerly  along  said  western  charfer  line  to  a  point  where  it  inter- 
sects the  northern  charter  line  of  said  city,  and  thence  easterly  along 
said  northern  charter  line  of  said  city  to  a  point  thereon  one  hun- 
dred and  fifty  (150)  feet,  distant  easterly  from  the  easterly  line  of  San 
Pablo  avenue,  and  measured  at  a  right  angle  thereto,  said  point  being 
also  the  southeast  corner  of  the  Town  of  Emeryville,  and  running 
thence  in  a  northerly  direction  along  the  easterly  boundary  line  of 
the  Town  of  Emeryville  to  the  center  line  of  Temescal  creek;  thence 
in  a  westerly  direction  following  the  center  line  of  the  bed  of  Temescal 
creek— being  also  the  boundary  lire  of  the  Town  of  Emeryville  in 
said  creek— to  a  point  730  feet  distant  westerly  from  the  westerly  line 
of  San  Pablo  avenue  measured  at  a  right  angle  thereto;  thence  along 
the  easterly  line  of  said  Town  of  Emeryville  in  a  northerly  direction 
running  parallel  with  and  730  feet  distant  westerly  from  said  line  of 
San  Pablo  avenue  to  the  southern  boundary  line  of  the  Town  of 
Berkeley;  thence  easterly  following  the  boundary  line  of  the  Town 
of  Berkeley  to  a  point  on  said  boundary  line  of  the  Town  of  Berkeley 
125  feet  distant  westerly  from  the  westerly  line  of  College  avenue.— 
also  known  as  College  way— and  measured  at  a  right  angle  to  said 
line  of  College  avenue;  thence  in  a  j-outherly  direction  on  a  line  paral- 
lel with  and  125  feet  distant  westerly  from  said  line  of  College  avenue 
a  distance  of  1600  feet;  thence  at  a  right  angle  to  said  line  of  College 
avenue  in  an  easterly  direction  to  and  across  said  College  avenue  to  a 
point  275  feet  distant  easterly  from  the  easterly  line  of  said  College 
avenue  and  measured  at  a  right  angle  thereto;  thence  in  a  southerly 


358  GENERAL  MUNICIPAL  ORDINANCES 

direction  along  a  line  parallel  with  and  275  feet  distant  easterly  from 
the  easterly  line  of  College  avenue  and  its  extension  and  measured 
at  a  right  angle  thereto  to  a  point  on  the  southerly  line  of  Clifton 
street,  as  said  street  is  laid  down,  delineated  and  so  designated  on  a 
map  entitled  Map  of  Rock  Ridge,  etc.,  filed  in  the  office  of  the  Re- 
corder of  Alameda  County  on  August  4th,  1879;  thence  in  an  easterly 
direction  along  said  line  of  Clifton  street  to  the  westerly  line  of  Mc- 
Adam  street,  as  delineated  and  so  designated  on  aforesaid  Map  of 
Rock  Ridge;  thence  in  a  direct  line  due  south  to  the  line  dividing  plots 
Nos.  13  and  15^  as  said  plots  are  delineated  and  so  designated  on  a 
map  entitled  Map  of  the  Rancho  of  Vicente  and  Domingo  Peralta,  etc  , 
filed  in  the  office  of  the  Recorder  of  Alameda  County  on  January  21st, 
1857,  said  plot  line  is  the  western  boundary  line  of  the  St.  Mar>-'s 
Cemetery;  thence  along  said  plot  line  in  a  southwesterly  direction  to 
the  most  western  corner  of  said  plot  No.  15;  thence  in  a  southeasterly 
direction  following  the  line  dividing  plots  Nos.  14  and  15  as  shown 
on  map  of  aforesaid  ranchos  (the  last  named  plot  line  being  the  south- 
westerly boundary  of  the  St.  Mary's  and  Mountain  View  Cemeteries) 
to  the  westerly  line  of  Piedmont  Sanitary  District;  thence  following 
the  boundary  line  of  Piedmont  Sanitary  District  in  a  southerly  and 
then  in  a  southeasterly  direction  to  its  intersection  with  the  said  north- 
ern boundary  line  of  the  City  of  Oakland,  and  thence  easterly  along 
the  said  northern  boundary  line  of  the  City  of  Oakland  to  the  place 
of  beginning. 

Section  3.  All  ordinances  and  parts  of  ordinances,  resolutions  or 
parts  of  resolutions  in  so  far  as  the  same  are  in  conflict  with  the  pro- 
visions of  this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  Sept.  28,  1897.    Vol.  5,  p.  176.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  359 


CHAPTER    XIII. 


Indexes    to    Sidewalk,    Grade,     Fbanchise    and 
Other    Ordinances. 


I — Grade  Ordinances. 

STREET  OR  AVENUE.  VOL.      PAGE. 

Generally,  within  old  city  limits i 387 

Generally,  amendment 2 490 

East  Oakland,  generally 2 756 

(See  also  Town  of  Brooklyn  Ordinance  Book,  pp.  39  and  135.) 
Note— For  amendments  as  to  particular  streets  and  por- 
tions thereof,  see  ordinances  indexed  below. 

NUMBERED  STREETS. 

First  street 3 27 

Thirteenth  street 5 222 

Fifteenth  street \^ 545 

'3 618 

Seventeenth  street 4 629 

Nineteenth  street ' 4 252 

Twenty-second  or  Walnut  street 3 382 

Twenty-third  or  Locust  street 3 511 

'3 367 

Twenty-fourth  or  Elm  street , ...\     ^'^^ 

I  3 402 

.3 474 

Thirtieth  street 5 243 

Thirty-first  street 3 553 

Thirty-second  street 3 550 

Thirty-third  street |  ^ ^^^ 

U 505 

Thirty-fourth  street 5 204 


36o 


GENERAL  MUNICIPAL  ORDINANCES 


STREET  OR  AVENUE.  VOL.      PAGE. 

Thirty-fifth  or  Walton  street 3 668 

Thirty-sixth  street 5 259 

Thirty-seventh  street 5 259 

Thirty-eighth  street 5 259 

NUMBERED  STREETS — EAST. 

East  Eighth  street 5. 

East  Ninth  street 3 . 

East  Tenth  street 3 . 

East  Eighteenth  street 5. 

East  Eleventh  street 3 . 


•  19 
.561 
.561 
.166 
561 
.619 

.639 
East  Fourteenth  street 3 470 


East  Twelfth  street -j^ 

<4. 


East  Fifteenth  street /  ^ 


East  Twentieth  street. 


East  Twenty-first  street 


East  Twenty-second  street . 
East  Twenty- third  street . . , 


4. 

East  Sixteenth  street .{  3 . 

13- 

l4- 
East  Seventeenth  street J 

East  Eighteenth  street i  ^ ' 

fa- 

13- 
East  Nineteenth  street -! 

3- 

5. 

r3. 

3- 
4. 
5. 
3- 
3- 
5- 
5 
l5. 

r3 

3- 
4- 
4- 
4- 
4 

4" 


•  643 

.687 

■  553 
.617 
.720 
.264 
.4S3 
.615 
•553 
.166 
.279 
.310 
•453 
•553 

■  245 
.258 

553 
•715 
.  17 

■  5=53 
.623 
.102 
.118 
.117 
•334 
.528 
.  II 
•343 

•  5 
.182 

•569 


OP  the;  city  of  Oakland,  cal.  361 


STREET  OR  AVENUE.  VOI,.      PAGE, 

3 460 

.  X 501 

East  Twenty-fourth  street ■{ 


[] 


f: 

[5 60 

East  Twenty-fifth  street 4 5 

East  Twenty-sixth  street 4  5 

East  Twenty-seventh  street \^ ■5 

M 691 

1^2 765 

I  4 327 

East  Twenty-eighth  street  ('or  Silver  avenue) ^4 700 

5 19 

.5 109 

East  Thirtieth  (or  Edward  street) 3 650 

NUMBERED  AVENUES. 

Second  avenue 4 267 

Third  avenue 5 289 

Fourth  avenue ^^  

f5 145 

Eighth  avenue 3 258 

Ninth  avenue 3 670 

Tenth  avenue \^  ^^° 

(5 128 

Eleventh  avenue 3 282 

Twelfth  avenue |  ^  If 

1 4 667 

Twelfth  avenue 5 266 

Thirteenth  avenue \      ' 

•■S 455 

[3 470 

Fourteenth  avenue j  4 5^5 

[3 470 

Sixteenth  avenue 3 49^ 

Nineteenth  avenue •{  ^ ^■^ 

•3 264 

Twentieth  avenue 3 264 

[3 264 

Twenty-first  avenue \  4 iSi 

[4 690 

Twenty-second  avenue 5 61 

Twenty-third  avenue 3 252 

(3 553 

'13 561 

Twenty-fourth  avenue "»  g 

[5 268 


362  GENERAL  MUNICIPAL  ORDINANCES 

STREET  OR  AVENUE.  VOI,.      PAGE. 

Twenty-fifth  avenue 3 561 

Twenty-sixth  avenue 3 561 

Twenty -seventh  avenue 3 561 

Twenty-eighth  avenue 3 561 

NAMED  STREETS. 

Academy  Place 5 110 

Adams  street 5 198 

Adeline  street 3 483 

Andover  street 3  458 

Avon  Place 4  329 

"  B  "  street 3 662 

Boulevard,  portion  of 4 254 

Bay  Place ^^ ^^5 

^4 679 

Broadway  street \  ^ ^^ 

•-5 267 

Brush  street 3 27 

Cameron  street 3 616 

Castro  street 3 27 

Center  street 3 429 

Clay  street 3 27 

Chestnut  street 3 476 

Chetwood  street 3 755 

College  avenue 5.  .110.288 

Commerce  street  (so-called) 3 470 

Crescent  street 5 206 

Dennison  street 3 561 

Edward  or  East  Thirtieth  street 3 650 

Edwards  street 3 458 

Elliot  street 5, 8 

3 367 


Elm  or  Twenty-fourth  street. 


3 402 

3 474 

[4 149 

Ettie  street 3 429 

Fallon  street 5 126 

Filbert  street 3 578 

Franklin  street <^ '-^ 

^3 350 

Frederick  street , 3 561 

Goss  street 4 486 

Grant  street 4 Ii 

Grove  street 3 27 

Hamilton  place 4 469 


OP  THE  CITY  OF  OAKLAND,  CAL.  363 

STREET  OR  AVENUE.  VOL.      PAGE. 

Hannah  street ,  ..„ 

3 429 

Harrison  street -  275 

Harlan  street ,  .-„ 

3 429 

Haven  street ^ 42^ 

Helleu  street -  . 

Hobart  street * 2  2d.x 

Hollis  street .  . 

Hopkins  street -  ,^ 

Howard  street .  ,00 

Jefferson  street -  2_ 

Kennedy  street ,  eg j 

King  street 3 . . . . !  .561 

Lee  street U 423 

,.       ,  '5 115 

Lincoln  street .  ,, 

• 4 II 

Linden  street ,  .-. 

_  .   .  3 490 

Livingston  street ,  -gj 

Locust  or  Twenty-third  street 3 gu 

Louise  street ,  ^20 

Market  street..    '. e  250 

Morrison  place 4  C2i 

Oak  street  (Lake  View  Tract) • 4 487 

Orange  street 3 470 

Orchard  street i3 615 

'4 516 

Perkins  street 5  ii5 

r3 367 

I  I  3 402 

Perry  street ■{  ^  7X9 

3 735 

4 430 

U 523 

Pine  street 4 3^3 

Shellmound  ttreet 3 cgi 

Sherman  street 5  76 

Spruce   street 4 375 

Summer  street ^  224 

Summit  street 3  4Qr 

Union  street  (confluence  Fourteenth  avenue) P 472 

'5 244 

Valdez  street ^ en 

Valdez  street  (East  Oakland) 3 561 

Vallecito  Place 5  £09 

Vernon  street 3 718 


364  GENERAL  MUNICIPAL  ORDINANCES 

STREET  OR  AVENUE.  VOL.      PAGE. 


Vernon  street P ^^^ 

(4 424 

Walnut  or  Twenty -second  street 3 382 

Walton  or  Thirty-fifth  street 3  668 

Washington  street 3 27 

Waverly  street 3 511 

Webster  street 3 70 

Webster  street 3 331 

Willow  street 3 551 

Winter  street 5 16 


Athol  avenue y' 


NAMED  AVENUES. 

180 

^4 331 

Bella  Vista  avenue 5 180 

^     ,    1  /3 379 

Central  avenue 1 

Clinton  avenue ;    <  ^ ^^^ 

I5 12 

Chicago  avenue , 4 510 

College  avenue 5 no 

Fairmount  avenue i^ ^Z, 

h 8 

Hanover  avenue 4 155 

Lincoln  avenue 4 374 

Lester  avenue 4 348 

Lake  Shore  avenue 4 254 

Monte  Vista  avenue 5 289 

Moss  avenue 3  755 

Newton  avenue 4 155 

Oakland  avenue ■<"' ^  ' 

<3 755 

Plymouth  avenue ^ 4 269 

Peralta  avenue 4 169 

Pleasant  Valley  avenue 5 183 

^  .  f2 681 

Prospect  avenue ■{ 

U 372 

Railroad  avenue (3  •  •  ■  •  5 

l4 251 

Santa  Clara  avenue 5  i8r 

Silver  avenue  (East  Twenty-eighth  street) .2 765 

Telegraph  avenue 3  552 

•567 

is 289 

Watson  avenue 4 346 


Walsworth  avenue •] 


OF  THE  CITY  OF  OAKLAND,  CAL.  365 

STREET  OR  AVENUE.  VOXv.      PAGE. 

Wayne  avenue  .    4 328 

Webster  avenue 3 488 

ALLEYS. 

Between  Twenty-second  and  Twenty-third  avenues,  north 

of  East  Seventeenth  street 4  151 

Betweeu    Twenty-second  and   Twenty-third   avenues,  East 

Fourteenth  to  East  Seventeenth  street 4 151 

Between    East  Seventeenth  and  East  Nineteenth   streets, 

south  of  Twenty-second  avenue ...  4 151 

Between  East  Nineteenth  and  East  Twentieth  streets,  Twen- 
ty-first to  Twenty-second  avenue. 4 151 

Between  East  Twelfth  and  East  Fourteenth  streets    and 

Seventeenth  and  Eighteenth  avenues 5 233 


II. — Ordinances    Fixing    Width     of    Sidewalks. 

STREET  OR  AVENUE.  WIDTH.     VOL.      PAGE. 

General  Ordinance — Old  City  Limits i 395 

General  Ordinance — East  Oakland,  portion  of  (see 

Town  of  Brooklyn  Ordinance,  Book,  pp.  152 

and  164). 

[Note — For  other  streets  and  also  changes  as 
to  various  streets,  see  ordinances  indexed  below. 

First  street,  Broadway  to  Market 12 3 639 

First  street,  Broadway  to  Alice 12     ....3 509 

Second  street,  Broadway  to  Market 14 3 732 

Seventh  street,  generally 10 i 395 

Seventh  street,  Wood  to  Pine,  north  side 15 3 353 

Seventh  street,  Wood  to  Pine,  south  side 10 2 300 

Seventh  street,  west  of  Piue,  north  side 15 3 494 

Seventh  street,  west  of  Pine,  south  side 10 2 v. .  203 

Twelfth  street,  Broadway  to  Fallon 14 i 518 

Twelfth  street,  east  of  Fallon 14 3  473 

(With  certain  exceptions.) 

Twelfth  street,  Broadway  to  Market 14 2 28 

Twelfth  street,  Kirkham  to  Adeline 14 3 669 

Fourteenth  street,  Market  to  Peralta   ....    14 3 543 

Sixteenth  street,  west  of  Peralta 10  . .    .  3 642 

Twentieth  street,  Webster  to  Telegraph 10 3 541 


366  GENERAIv  MUNICAPAL  ORDINANCES 

STREET  OR  AVENUE.  WIDTH.      VOL.      PAGE. 

Twentieth  street,  Grove  to  Castro 12 4 81 

Twenty-fourth  street,  east  of  Webster 10 3 519 

Thirty-third  street,  east  of  G'-ove 12  3 351 

Thirty-fourth  street,  Academy  place  to  Broadway. ...  10 5 204 

Thirty-fifth  street,  Market  to  Grove.    12 3 401 

Thirty-fifth  street,  Market  to  San  Pablo 12 3  489 


NUMBERED  STREETS— EAST. 

East  Eighth  street ! 12 2   346 

East  Ninth  street     12 2 346 

East  Ninth  street,  east  of  Park  avenue 12 3 561 

East  Tenth  street 12    2 346 

East  Tenth  street,  east  of  Park  avenue 12 .  .3 561 

East  Eleventh  street 12 2 346 

East  Eleventh  street,  east  of  Park  avenue 12 3  561 

East  Twelfth  street 14  3 473 

East  Fourteenth  street,   northeast  of   Thirteenth 

avenue 14 3 607 

East  Fourteenth  street,  Twelfth  to  Thirteenth  ave- 
nue  14  4 326 

East  Fifteenth  street,  northwest  of  Commerce 12 2     ....  346 

East  Sixteenth  street,  northwest  of  Commerce 12  2 346 

East  Sixteenth  street.   Fifteenth  to  Twenty-third  (14  3 566 

avenue (10 3 566 

East  Sixteenth  street,  east  of  Twenty-third  avenue.  .14 3     617 

East  Seventeenth  street,  northwest  of  Commerce  ....12  2 346 

East  Eighteenth  street,  northwest  of  Commerce 12 2 346 

East  Nineteenth  street,  northwest  of  Commerce 12  2 346 

East  Twentieth  street,  northwest  of  Commerce 12 2 346 

East  Twenty-first  street,  northwest  of  Commerce 12   2  346 

East  Twenty-first  street.  Twenty-third  to  Twenty- 
fifth  avenue 10 4 455 

East  Twenty-first  street.  Sixteenth  to  Twenty-third 

avenue 18 5   136 

East  Twenty-second  street,  northwest  of  Commerce.. 12 2 346 

East  Twenty- third  street,  northwest  of  Commerce  ...12 2 346 

East  Twenty- fourth  street,   northwest  of  Commerce.  .12 2 346 


NUMBERED  AVENUES. 

First  avenue 12 2 346 

Second  avenue 12 2 346 

Third  avenue 12 2 346 


OF  THE  CITY  OF  OAKLAND,  CAL. 


367 


VOL. 

..4.. 
..4  . 
..2. . 
.  .2. . 
.  .2. . 
.  .2. . 
.  .2. . 
.  ,2. . 


STREET  OR  AVENUE.  WIDTH. 

Fourth  avenue,  East  Eighteenth  to  Hopkins  street. .  .  10. . 

Fifth  avenue,  East  Twelfth  to  East  Eighteenth  street.  io}4 

Sixth  avenue,  East  Ninth  to  East  Eleventh  street 12 . . 

Eighth  avenue 12 . . 

Tenth  avenue 12 . . 

Eleventh  avenue 12 . . 

Twelfth  avenue 12 . . 

Thirteenth  avenue,  generally 12 . . 

Thirteenth  avenue,  East  Eleventh  to  East  Twelfth 

street 11 3. 

Fourteenth  avenue,  portion 12 4 . 

Twenty-first  avenue,  East  Twelfth  to  East  Twenty- 
first  street 14 3. 

Twenty-third  avenue 12 3. 

Twenty-fourth  avenue 12 3 

Twenty-fifth  avenue 12 3. 

Twenty-sixth  aveuue 12 3. 

Twenty-seventh  avenue 12 3 . 


PAGE. 

...  265 
...71 
..•419 
...346 
...346 
...346 
...346 
...346 


.754 
.565 


..637 
•  •259 
..561 
..561 
..561 
..561 


NAMED  STREETS. 

Albion  street 12 

Adeline  street,  north  of  Twenty-second 14 

Bay  pla(!e,  Webster  street  to  Oakland  avenue 9 

Bay  place,  Twenty-fourth  street  to  Lee  loo-acre  tract.  12 

Broadway  street 20 

Cameron  street 12 

Cedar  street 10 

Clay  street 14 

Delger  street,  Webster  to  Telegraph 10 

Dennison  street 14 

Edwards  street 12 

Elm  street,  east  of  Webster 10 

Filbert  street— Twenty-first  to  San  Pablo 12 

Franklin  street,  south  of  Seventh 14 

Frederick  street  (East  Oakland) 14 

Grove  street,  north  of  San  Pablo 12 

Howard  street  12 

Kennedy  street 14 

Kennedy  street 10 

King  street I4 

Oak  street  (in  Lake  View  Tract) 12 

Perry  street,  Oakland  avenue  to  Lake  avenue 12-14 

Shellmound  street 14 


3-. 

....274 

3-- 

....486 

...  .4.. 

. . . .485 

4-- 

....679 

I. . 

••..395 

3-- 

....616 

5-- 

....  85 

3-. 

....509 

3-- 

....541 

3.- 

....561 

3-- 

....456 

3-- 

...519 

3  • 

...578 

3  • 

420 

3-- 

....561 

3-- 

....214 

4.- 

....388 

3-- 

....561 

....  3  . 

...561 

3-- 

....561 

4-- 

••••239 

4  • 

....161 

3-- 

....561 

368  GENERAL  MUNICIPAL  ORDINANCES 

STREET  OR  AVENUE.  WIDTH.      VOI,.      PAGE. 

Summit  street 12 2  683 

Sycamore  street 12  2 189 

Valdez  street  (East  Oakland) \^^ ^ ^^^ 

(12 2 262 

Washington  street — First  to  Seventh 14 3 591 

Webster  street,  south  of  Fourteenth 12 2 57 

NAMED   AVENUES. 

Central  avenue  (see  Twelfth  and  East  Twelfth  streets.) 

Fairmount  avenue 7)^,10,   12  ..    ..3 634 

Mathews  ave.,  E.  Eighteenth  to  Hopkins  st 10 4. 265 

Oakland  aveuue,  portions  of 8,  12 4 150 

Park  avenue,  south  of  East  Twelfth  street 12 3 256 

Plymouth  avenue I       3o 2 720 

t^  10-30 4 269 

Prospect  avenue 12 2 683 

Railroad  avenue  (See  Seventh  street) 

Railroad  avenue,  near  Park  avenue 10 3 561 

San  Pablo  avenue 18 3 223 

Walsworth  ave.,  southerly  from  Flint  Tract 8-14 4 567 

Webster  ave. ,  northerly  from  Broadway 7 4 341 

STREETS   NOT  NAMED    ABOVE. 

55  to  75  feet  wide 14 ^ 395 

75  to  80  feet  wide 18 i 395 


OP  THE  CITY  OF  OAKLAND,  CAL. 


369 


III. — Ordinances  Accepting  Streets. 


ORDINANCE 
STREETS  ACCEPTED.  APPROVED. 

Adeline,  northerly  from  point  north   of 

Twenty-second Apl.  25,  1892 

Albion  street Jau.  16,  1889 

Broadway,  south  of  Twelfth  street Nov.  11,  1891 

Broadway,  Twelfth  to  Nineteenth Mar.  20,  1893 

Chestnut,  Fourteenth  to  Twenty-first Mar.     4,  1893 

Edwards  street,  W.  of  Academy  place. .  .  .Apr.  30,  1891 

Eighth  street,  Market  to  Grove  ...Oct.   28,  1893 

Eleventh  street,  Broadway  to  Franklin. .  .Dec.  22,  1892 
Filbert  street,  Fourteenth  to  Twenty- 
first  Mar.     4,  1 893 

Filbert  street.  Twentieth  to  San  Pablo.  ..Nov.  27,  1893 
Franklin    street,   Seventh  and  Four- 
teenth  Feb.  II,  1889 

Linden  street,  Fourteenth  to  Twenty- 
first  Mar.     4,  T893 

Ninth  street,  Broadway  to  Washington.    .Feb.  15,   1889 

San  Pablo  avenue Feb.     4,  1889 

Sixteenth,  Adeline  to  Kirkham Apr.  25,  1892 

Twelfth,  Broadway  to  Franklin Feb.     8,  1 892 

Twelfth,  Broadway  to  Washington Juu  .    17,  1896 

Washington,  First  to  Third Dec.  22,  1892 

Washington,  Third  to  Seventh Feb.     8,  1892 

Washington,  Seventh  to  Fourteenth Jau.  17,  1893 

Dedications,  General  Ordinance June    2,  1898 


VOL.     PAGE. 


.179 
.325 
■730 
•399 
..381 
.604 

■498 
•353 

.  381 

•  507 

•333 

..381 

•  .^34 
■330 
.176 
.  82 

•  71 

•  352 

•  83 
.361 
.278 


IV. — Ordinances  Opening   and   Closing    Streets. 


STREETS  OPENED.  VOL.      PAGE. 

Athol  avenue 5 82 

Central  avenue , ■  3 409 

Central  avenue 3 518 

Chestnut  street 3 608 

Chestnut  street 3 72S 


370  GENERAL  MUNICIPAL  ORDINANCES 

STREETS  OPENED.  VOL.      PAGE. 

Clay  street 3  ....  477 

Clay  street - 3 517 

Commerce  street 4 370 

Cedar  street 5 32 

East  Eighteenth  street 4 177 

East  Twenty-first  street /  4 ^30 

l5 141 

Filbert  street 3 388 

Fourth  avenue 3 648 

Fourteenth  street .5 225 

Knox  place 4 341 

Lincoln  avenue,  (closing) 4 333 

Linden  street 4 508 

Magnolia  street  3 396 

Moss  avenue,  Oakland  Heights,  (closing) 4 379 

Seventeenth  street  (Repealed) 4 644 

Tenth  avenue -j^ ^^"^ 

<5 231 

Twelfth  avenue i  ^ ^^^ 

I5 80 

Twentieth  street  3 516 

Thirty-third  street,  (or  Nolan) 3 609 

Unnamed  streets,  east  of  "  Main  street" 3 726 

Webster  avenue,  (portion  of) 3 215 

West  street 3 381 


V. — Ordinances  Changing  Names  of  Streets. 

NAME  CHANGED.  VOL.      PAGE. 

Academy  street  to  Dwinell  street 5 286 

Bay  place  to  Twenty-sixth  street 2 659 

Brooklyn,  old  town  of,  generally 2 271 

Cental  avenue  to  Twelfth  and  East  Twelfth  street 3 510 

Division  street  to  Eighth  street 3 369 

East  Oakland,  generally 2 271 

Emma  street  to  Fairmount  avenue 3 633 

Lincoln  street  to  Eleventh  street 5 ^39 

Middle  street  to  Ninth  street 2 463 

New  Broadway,  portion  of. 3 339 


OF  THE  CITY  OF  OAKLAND,  CAL.  371 

NAME  CHANGBD.                                                                                 VOI,.  PAGB. 

Pearl  street  to  Fairmount  avenue 3  5,- 

San  Pablo  avenue,  (confluence  of  Broadway) 4  ,20 

Summit  street  to  Fairmount  avenue 3  g, , 

Taylor  street  to  Ninth  street c  j  ,g 

Telegraph  avenue,  portions  of /  3  329 

M 320 

Webster  avenue,  portion  of 4  .^^ 

General  Ordinances  covering  many  streets 5 . .  i  M  2S4 

Seward  street  to  Tenth  street c        '    j  ^g 

Summit  street  between  Hawley  street  and  Walsworth  ave- 
nue, to  Yosemite  street c_  ij- 

Pearl  street  between  Bay  place  and  Ruby  street,  to  Valdez 

«t^«^t 5   „3 

Webster  street  from  Broadway  to  northerly  city  line,  to  Pied- 

ipont  avenue c  jj, 

Lake  avenue  between   Perry  street  and  Cottage  street,  to 

Pleasant  Valley  avenue c  „, 

Commerce  street  to  Fourteenth  avenue 5  n^ 

Laurel  street  between  Telegraph  avenue  and  Broadway,  to 

Twenty-fifth  street 5. . . .     11^ 

Jones  street  to  Twenty-first  street 5  u. 

Walnut  street  between  Telegraph  avenue  and  Lake  Merritt, 

to  Twenty-first  street 5  u, 

Knox  place  to  Twenty-seventh  street 5 n^ 

Albion  street  to  Twenty-eighth  street 5 u, 

Merrimac  place  to  Twenty-eighth  street 5  113 

Caledonia  and  Prospect  avenues  between  Grove  street  and 

Walsworth  avenue,  changed  to  Twenty-ninth  street 5 .113 

Birnie  street  to  Seventeenth  street .' 5 113 

Oak  street  between  Peralta  and  Excelsior  avenues,  to  East 

Oak  street 5   1x3 

Pine  street  between   Peralta   and    Excelsior    avenues,   to 

Capell  street 5 113 

Mound  street  between  Thirteenth  avenue  and  Clinton  street, 

to  Hopkins  street 5 j  J3 

Excelsior  street  between   Fourth  and  Clinton  avenues,  to 

Clinton  street 5 113 

Silver  avenue  between  Fourth  and  Ninth  avenues,  to  East 

Twenty-eighth  street 5 113 

Lincoln  street  between   Thirteenth  avenue  and  east   city 

line,  to  East  Lincoln  street 5 113 

Lake  street  between   Brooklyn  and  Prospect  avenues,  to 

East  Lake  street 5 113 


372  GENERAL  MUNICIPAL  ORDINANCES 

NAME  CHANGED.  VOL.      PAGE. 

Central  aveuue  between  East  Twenty-fourth  street  and  Sil- 
ver avenue,  to  Eighth  avenue 5 113 

Columbia  street  between   Fourth  and  Ninth   avenues,  to 

East  Twenty-fifth  street 5 113 

Valdez  street  between  Livingston  and  Ford  streets,  to  East 

Valdez  street 5 113 

William  street  between  Peralta  and  Bay  streets,  to  Fifth 

street 5 113 

Elm  street  to  Twenty-fourth  street 5 113 

Plymo'Jth  avenue  east  of  Telegraph  avenue,  to  Thirty-fourth 

street 5 113 

Bay  place  between  Telegraph  avenue  and   Broadway,  to 

Twenty-sixth  street 5 113 

Wallace  street  between  San  Pablo  avenue  and  Grove  street, 

to  Twenty-eighth  street 5 113 

Campbell  street  between  San  Pablo  avenue  and  Grove  street, 

to  Thirtieth  street 5 113 

Nolan  street  to  Thirty-third  street  " 5     .    .   113 

Charter  street  to  Twenty-second-street 5 113 

Alden  street  between  San  Pablo  avenue  and  Grove  street,  to 

Twenty-ninth  street. 5   ....   113 

Delger  street  to  Twentieth  street 5 113 

Brown  street  to  Thirty-fourth  street 5 113 

Durant  street  to  Nineteenth  street  5 113 

Walton  street  to  Twenty-eighth  street.    ....    5 113 

Wallace  street  to  Thirty-fifth  street 5  113 

Park  street,   between  San  Pablo  avenue  and  Grove  street, 

to  Twenty-seventh  street 5 113 

Locust  street  or  Simpson  avenue  between  San  Pablo  avenue 

and  Telegraph  aveuue,  to  Twenty-third  street 5 , . .    . .  113 

Logan  street  to  Thirty-sixth  street 5 113 

Summit  street  west  of  Union  street,. East  Oakland,  to  East 

Summit  street 5   ..    ..113 

Frederick  street  from  San  Pablo  to  Telegraph  avenues,  to 

Nineteenth  street 5 113 

Lee  street  between  the  junction  of  Vernon  street  and  Bay 

place,  to  Vernon  street 5 113 

Oakland  avenue  berween  Orange  street  and  Adams  street, 

to  Perkins  street 5 113 

Curve  street  to  Nineteenth  street 5 113 

Fairmount  avenue  extension  between  Moss  avenue  and  the 

northerly  city  line,  to  Fairmount  aveuue 5 113 

Fairmount  avenue  between  Prospect  avenue  and  Summit 

street  produced  westerly   to  an   intersectiou    there- 
with, to  Hawley  street 5 1 13 


OF  THE  CITY  OF  OAKLAND,  CAL.  373 

NAME  CHANGED.  ^^^       p^^^ 

Santa  Clara  avenue  between  Vernon  street  and  the  north- 
ern city  line,  to  Moss  avenue 5  j  j , 

Moss  avenue  between  Fairmount  avenue  and  Lake  avenue^ 

to  Santa  Clara  avenue 

Morrison    place    between    Oakland    avenue     and  '  Orange 

street,  to  Pearl  street ^  ^ 

Grand  avenue  between  Webster  street  and  Lake  Merritt,  to 

Boulevard  Terrace . .  '  ^ 

5 113 


VI.— Ordinances  Granting  Franchises. 


I.— FOR  STREET  CARS. 

^^^2-  TO  WHOM  GRANTED.  VOL.      PAGE 

1857- 

July  22 Joseph  Black  et  als i   ....   no 

1870. 

Sept.  I Elijah  Bigelow  et  als r . 

^^^-  10 Elijah  Bigelow  et  als  [amendment] i . 

Dec.  10... -...F.  K.  Shattuck  et  als i. 

^ec.  10 A.  J.  Snyder  et  als !!i       ..!454 

1871. 

May  23 Edward  Tompkins  et  als i 469 

J^^y     3 J.  S.  Emery  et  als  [steam  or  horse] i 474 

Aug.  28 Oakland  Railroad  Company  [see   Ordinance 

No.   1080] I  512 

1872. 

Mar.  18  J.  S.  Emery  et  als 2 9 

Apr.  30 L.   L.  Johnson  et  als 2 21 

Juae  27 Oakland  Central  Railroad  Company  2 64 

Aug.  10 Oakland  Railroad  Company 2 67 

Sept.  II J.  S.  Emery  etals  [amendment] 2   181 

Dec.  16  H.  F.  Shepardson,  Meetz,  et  als 2 214 

1873- 

Mar.  10 Alameda,    Oakland  and  Piedmont   Railroad 

Company  (see  Ordinance  No.  1080) 2 246 

Dec.  10   Oakland,  Brooklyn   and    Fruit  Vale  Railroad 

Company  (abandonment) 2 313 


439 
450 
451 


374  GENERAL  MUNICIPAL  ORDINANCES 

DATE.  TO  WHOM  GRANTED.  VOL.      PAGE. 

1874. 

Apr.  14 Edward  Tompkins  et  als  [abandonment] 2 328 

Apr.  14 H.  C  Campbell  et  als  2 329 

Apr,  14 Oakland  Railroad  Company 2 333 

1875. 

Jan.  II Alameda,   Oakland   and     Piedmont  Railroad 

Company  [see  Ordinance  No.  1080] 2 387 

Feb.  4 W.  A.  Bray  et  als 2 392 

Apr.  28 C.  T.  Hopkins  et  als 2 404 

Nov.  27 H.  C.  Campbell  et  als  [amendment] 2 427 

Dec.  23 Walter  Blair  et  als .2 439 

1876. 
Mar.  20 East  Oakland,  Fruit  Vale  and  Mills'  Semi- 
nary Railroad  Company 2 451 

Mar.  22 Grant  I.  Taggart  et  als 2 454 

May  26. Grant  I.  Taggart  et  als 2 468 

May  27 Oakland  Railroad  Company. . .    2 472 

June  30 Broadway  and  Piedmont  Railroad  Company ....  2 476 

June  30 Alameda,    Oakland  and    Piedmont    Railroad 

Company , 2 480 

1877. 

Mar.     3 E.  C.  Sessions  et  als 2 525 

Nov.  13 Walter  Blair  et  als,  Fourteenth  Str.  R.  R.  Co.  .2 584 

Nov.  21 E.  C.  Sessions  et  als 2 588 

Feb.  19 E.  C.  Sessions  et  als,  (extending  time) 2 598 

Mar.  II Walter  Blair  et  als,  (amendment) 2 602 

June    5 Thomas  A.  Smith  et  als 2 624 

Aug.  26 J.  V.  Webster  et  als 2 662 

Aug.  26 Walter  Blair  et  als,  (amendment) 2 666 

Dec.    4 Walter  Blair  et  als 2  . . . .  677 

1879. 

Jan.    9 E.  C.  Sessions  et  als,  extending  time 2 686 

Jan.  22 Walter  Blair  et  als 2 688 

Dec.  24...... Walter  Blair  et  als 2 770 


Aug.  18 Oakland,  Brooklyn  and  Fruit  Vale  Railroad 

Company 3 59 

Aug.  19 Alameda,  Oakland  and    Piedmont  Railroad 

Company,  (consent  to  abandon) 3 62 

Nov.  21 Walter  Blair  et  als,  (cousent  to  abandon) 3 66 

Dec.    2 Walter  Blair  et  als,  (consent  to  abandon) 3 "x 


OF  THE  CITY  OF  OAKLAND,  CAL.  375 

^^'^^-  TO  WHOM  GRANTED.  VOL       PArw 

1882.  ^^• 

Feb.  23 Walter  Blair  et  als 3  g^ 

1883. 

A"e-  ^6  Oakland    Railroad   Company,  horse  or  cable 

'^'' 3 X14 

1885. 

Sept.  29 A.  E.  Davis,  horse  or  cable  cars 3  j^j 

I^ec.     8 Fourteenth  Street  Railroad  Company,  horse 

or  cable  cars , j-- 

1886. 

Ja°-  15 Theodore  Meetz.  horse  or  cable  cars 3  j^g 

Jan-  19 Fourteenth  Street  Railroad  Company,  horse  or 

cable  cars,  (amendment) 3 jgo 

Feb.    3 James  G.  Fair,  horse  or  cable  cars 3 . .         jg, 

Feb.    8 J.  M.  Thompson  et  al !!  .3. ..."  .187 

Feb.  27 James  G.  Fair,  horse  or  cable  cars 3 iqq 

J'lly  28 Broadway  and  Piedmont  Railroad  Company, 

horse  or  cable  cars ,  207 

Oct.  18 Alameda,    Oakland  and    Piedmont     Railroad 

Company,  horse  or  cable  cars 3 218 

1887. 

Feb.  10 Fourteenth  Street  Railroad  Company,  horse  or 

cable  cars 3 226 

Same  declared  forfeited 4.  .663-664 

1888. 

J"ne  26 A.  E.  Davis,  consent  to  abandon 3 288 

I^ec.  24 Theodore  Meetz  et  al,  horse  or  cable 3 '  .322 

1889. 

Jan-  16 Oakland  Railroad  Company,  horse  or  cable 3 326 

Jan- 30 Broadway,  Berkeley  and   Piedmont  Railroad 

Company,  cable 3 327 

July  31 Piedmont  Cable  Company,  cable 3 363 

Oct.  30 M.  H.  Grossmayer  et  als,  cable 3 300 

Nov.  28 Oakland  and  Berkeley  Rapid   Transit   Com- 
pany, electricity 3 3^3 

1890. 

Mar.  I Brooklyn  and  Fruitvale   Railroad  Company, 

horses 


Sept.  15 John  W.  Coleman  et  als,  electricity 3 


3 421 

.503 


376  GENERAL  MUNICIPAL  ORDINANCES 

DATE.  TO  WHOM  GRANTED.  VOI,.      PAGE. 

1891. 

Mar,    5 M.  H.    Grossmayer  et  als,  amendment 3 575 

Mar.  18 Horry  W,  Meek  et  als.  electricity,  etc 3 580 

April  17   E.  P.  Vandercook  et  als,  electricity,  cable  or 

motor 3 600 

May  22 H.   G.    Blasdel,    cable,   electricity,   horses  or 

motor , . .  3 610 

1892. 

Jan.  27 Oakland  Railroad  Company,  amendment 4 78 

Jan.  28 E.  P.  Vandercook  et  als,  amendment 4 80 

Mar.  23 Consolidated  Piedmont  Cable  Company,  suc- 
cessors, &c.,   amendment 4 157 

June    6 Consolidated  Piedmont  Cable  Company,  suc- 
cessors, amendment. 4 214 

June  28 E.  A.  Heron  et  als 4 229 

July  27 Oakland,  San  Leandro  and  Hay  wards  Electric 

Railway 4 241 

1892. 

Aug.  26 East  Oakland  Street  Railroad  Co 4 256 

Aug.  26 Theodore  Meetz,  amendment 4 270 

Sept.    2 Ala.,   Oakland    and    Piedmont   Railroad    Co., 

amendment 4 273 

Sept.  30 G.  W.  McNear  et  als 4 280 

Oct.    24 Consolidated  Piedmont  Cable  Co 4 303 

Oct.    24 Oakland  and  Berkeley  Rapid  Transit  Co 4 307 

Dec.    16 Oakland  Railroad  Co.,  amendment. 4 334 

1893. 

Jan.     17 Highland  Park  and  Fruitvale  Railroad 4 354 

Feb.    21 Horry  W.  Meek  et  als 4 364 

Feb.   21 Egbert  B.  Stone,  temporary  track 4 368 

Mar.     6 Ala.,  Oakland  and  Piedmont  Electric  Railway 

Company 4 383 

Mar.   20 Highland  Park  and  Fruitvale  Railroad,  amend- 
ment  4 397 

Mar.    21   Highland  Park  and  Fruitvale  Railroad 4 400 

Mar.    21 Welles  Whitmore  et  al 4 404 

Declared  forfeited 5 203 

Mar.   23 East  Oakland  Street  Railroad  Co 4 408 

May      8 Central  Avenue  Railway  Co 4 418 

1894. 
Sept.  29 Highland  Park  and  Fruitvale  Railroad,  exten- 
sion  4 608 

Oct.    23  H.  W.  Meek,  W.  E.  Meek,  et  als 4 621 

1898. 

Sept.  23 Oakland    Railroad    Co.    to    use    Electricity 

on  San  Pablo  line 5 317 


OF  THE  CITY  OF  OAKLAND,  CAL.  377 

DATE.  TO  WHOM  GRANTBD.  VOI..      PAGE. 

1895. 

Feb.  15 Fourteenth  Street  Railroad  Co.,  abaQdonment 

and  forfeiture 4 gr^ 

Feb,  23  Fourteenth  Street  Railroad  Co.,  abandonment 

and  forfeiture   .• a  gA, 

1897.  ^ ^ 

Nov.  13 Whitfnore,  Alsip  et  al.,  abandonment  and  for- 
feiture   c  202 

1898.  "       

May  19 Oakland  Consolidated  Street  Railway  Co 5 277 

June  II Oakland  Consolidated  Street  Railway  Co 5 283 

June  II Alameda,  Oakland  and  Piedmont  Electric  Rail- 
way Co 5 284 

II.— FOR  STEAM   CARS. 
1 861. 

Nov.  20.    San    Francisco   and   Oakland    Railroad  Com- 
pany  1 148 

1868. 

Aug.  24 Western  Pacific  Railroad  Company i 327 

1871. 
July      3  J.  S.  Emery  et  als.,  steam  or  horses i . . .       474 

1873- 
April  21 Central  Pacific  Railroad  Company 2 254 

1876. 

Feb.    12 Northern  Railway  Company 2 446 

May  27 John  A.  Hobart  et  als.,  sidetrack 2 .471 

1879. 
Feb.   24 A.  C.  Dietzet  als 2 691 

1879. 
Mar.     3 A.  C.  Dietz  et  als.  (amendment) 2 698 

1880. 
Mar.     6 Alfred  E.  Davis  et  als 3 i 

1882. 

Feb.   25 S.  H.  Melvin 3 83 

April    8  California  and  Nevada  Railroad  Company 3 88 

1884. 
Mar.  24 Northern  Railway  Company 3 ..135 

1886. 
July     6 Oakland  Township  Railroad  Company 3 201 

1896. 

May  22 Northern  Railway  Co.,  change  tracks  on  Cedar 

street 5 67 

1898. 

April  6 South  Pacific  Coast  Railway  Co 5 25 


378  GENERAL  MUNICIPAL  ORDINANCES 


III.— MISCELLANEOUS. 

1892.  WHAT  FOR.  VOI,.      PAGS. 

Feb.     7 B.  F.  Mann  et  als Gasworks 1   151 

1865. 
Dec.     9 William  W.  Biggs  et  als .  .  Gas  works i 222 

1S66. 
July    22 Wm.  W.  Biggs  et  als.  (ex- 
tending time) Gas  works i   231 

July    22   .    . ,  .Contra  Costa  Water  Co. .  .Water  works i 232 

1867. 
Nov.     I San   Francisco  and   Oak- 
land   R.    R.    Co.      (Re- 
pealed, Vol.  I,  p.  304) . .  .Wharf i   277 

1869. 
June  21 Oak'd  and  Encinal  Turn- 
pike and  Ferry  Co Ferry i 367 

1870, 

Mar.  24 S.  F.  and  Oakl'd  R.  R.  and 

W.  P.  R.  R.  Co ...Bridge i 405 

T871. 

Mar.  30  Chas.  Webb  Howard  et  als. 

(Home  Gas  Light  Co.).  .Gas  works i 462 

May   15 Philip  Caduc  et  als Gas  works i 466 

1872. 

Feb.    17   Lake  Tahoe    and    S.    F. 

Water  Works  Co Water  works i   536 

Mar.  29  Home  Gas  Light  Co.  (ex- 
tending time) Gas  works 2 15 

1872. 

June  27 Contra  Costa  Water  Co.. ..Water  hydrants 2   63 

Dec.  26  Home  Gas  Light  Co.,  ex- 
tending time Gas  works 2 220 

1873. 

June    9 Home  Gas  Light  Company 

extending  time Gas  works  2 288 

1876. 
June  23   Am.    District  Telg'ph  Co.  .Telegraph  line  2 474 

1877. 
Oct.  19.    .    ..Oakland      and        Alameda 

Water  Co Water  works 2 576 


OF  THE  CITY  OF  OAKLAND,  CAL.  379 

WHAT  FOR  VOL.      PAGE. 

1879. 

Mar.  24 West     Evans  et  als Electric  light 2 700 

1881. 

Nov.  15 California    Electric    Light 

Co ■ Electric  light 3 65 

Nov.  21 David  Rich  et  als .  .• Electric  light 3 68 

1888. 

Feb.    9 J,  G.  DivoU  et  als Water  works 4 92 

Apr.  20 A.  Chabot Observatory 3 loi 

Aug.  20 Oakland     Gas     Light  and 

Heat  Co Electric  wires 3 150 

Aug.  21 Eli  S.  Denuison  et  als Electric  lights,  etc.. 3 152 

Oct.  24 Central  Pacific  R.  R.  Co R.  R.  sig.  system.  .3 153 

1885. 

Feb.  17 Central   Pacific  R.  R.  Co., 

(amendment) R.  R.  sig.  system ...  3 156 

1886. 

Dec.  10 Pacific    Postal  Tel.    Cable 

Co Telegraph 3 224 

1887. 

Mar.  16 Pacific  Coast  Electrical  Con. 

Co Electric  lights,  etc.  .3 237 

July    8 N.   W.  Spalding  et  als Steam  pipes,  etc 3 204 

Dec.    6 Oakland      Electric     Light 

and  Motor  Co Electric  lights 3  265 

1890. 

May  29 Oakland  Electric  Light  and 

Motor  Co.,  (amendment). Electric  lights 3 460 

1892. 
May  26 Sunset  Telephone  &  Tele- 
graph Co Electric  wires,  etc.  .4 206 

1896. 
Oct.  29 L.  Schaffer  et  al Garbage 5 96 


VII. — Ordinances    Relating    to    Annexation    of 

Territory. 

DATE  OF  APPROVAL.  TITLE.  VOL.      PAGE. 

Apr.    4,  1872 An  ordinance  to  approve  the  annexation 

of    certain    territory    to    the    City    of 
Oakland 2 16 


38o  GENERAL  MUNICIPAL  ORDINANCES 

DATE  OF  APPROVAI,.  TITLK.  VOL.      PAGE. 

Nov.    4,  1872 An  ordinance  approving  the  annexation 

of  certain  territory  to  the  City  of  Oak- 
land, &c 2 201 

Sept.  18,  1888 An  ordinance    providing  for  a  special 

election  to  determine  whether  the 
boundaries  of  the  City  of  Oakland  shall 
be  altered  and  new  territory  included 
therein 3 305 

June    1,1891 An  ordinance  providing  for   a   special 

election  to  determine  whether  the 
boundaries  of  the  City  of  Oaklahd  shall 
be  altered  and  new  territory  be  an- 
nexed to  and  made  a  part  of  said  city ....  3 625 

May    II,  1897 Same 5 131 

Sept.  28,  1897 Same  Annexed  to  2nd  Ward 5 176 

[Note. — A  brief  description  of  the  original  boundaries  of  the  city 
will  be  found  in  the  original  charter.  Stats.  1852,  page  180.  The 
boundaries  on  the  North  and  East  were,  approximately :  Twenty-sec- 
ond street,  as  existing  between  San  Pablo  avenue  and  Market  street,  the 
prolongation  thereof  East  and  West,  Lake  Merritt  and  the  Northern 
arm  of  San  Antonio  creek.  The  first  annexation,  (of  April  4,  1872,)  in- 
creased the  limits  to  Thirty-sixth  street  on  the  north,  and  to  Cemetery 
creek  on  the  east,  the  second  including  East  Oakland  easterly  to  the 
present  limits  and  northerly  to  Indian  gulch  and  Milbury  street,  and 
the  third  annexation  proceedings  were  ineffectual.  See  note  preceding 
Section  5  of  Charter, /)(?5/.] 


VIII. — Ordinances  Relating  to  the  Water  Front. 

DATE  OK  APPROVAL.  TITLE.  VOL.      PAGE. 

May  18,  1852 An    ordinance  for  the  disposal  of   the 

Water  Front  belonging  to  the  Town  of 
Oakland,  Repealed,  Vol.  2,  p.  777 

Dec.  30,  1852 An  ordinance  to  approve  the  wharf  at 

the  foot  of  Main  street,  and  to  ex- 
tend the  time  for  constructing  the 
other    wharves.      [Repealed,    Vol.   2, 

p.  777] 

Aug.  27,  1853 An  ordinance  concerning  wharves  and 

the  Water  Front.     [Repealed,  Vol.  2, 

p.  777-] 


OF  THE  CITY  OF  OAKLAND,  CAL.  381 

DATE  OF  APPROVAI<.  TITI,K.  VOL.      PAGE. 

Aug.    5,  1854  Ordinance   (No.  34)  to  provide  for  the 

construction  and  maintenance  of  a 
wharf  in  the  City  of  Oakland.  [Re- 
pealed, see  below.] i 38 

Dec  II,  1854 Ordinance  (No.  64)  to  repeal  an  ordi- 
nance to  provide  for  the  construction 
and  maintenance  of  a  wharf  in  the 
City  of  Oakland i 55 

Jan.  13,  1855 Ordinance  (No.  65)  authorizing  the  en- 
try of  judgment  on  condition  in  the 
case  of  J.  B.  Watson  vs.  the  City  of 
Oakland i 66 

June  6,   1855 An   ordinance  repealing  an   ordinance 

entitled   "An    Ordinance    Concerning 

Wharves" i 73 

Sept.   4,  1867 An  ordinance  providing   for  a  suit    to 

settle  the  title  of  the  city  to  the  Water 
Front,  and  the  employment  of  counsel 
therein i 270 

Nov.  12,  1867 An  ordinance  granting  to  the  San  Fran- 
cisco and  Oakland  Railroad  Company 
the  use  of  a  portion  of  the  Water 
*  Front  for  the  erection  of  a  Marine 
Railway  and  Wharf.  [Repealed,  Vol. 
r,  P-  304.] 1 277 

April  I,  1868  An  ordinance  for  the  settlement  of  con- 
troversies and  disputes  concerning  the 
Water  Front  of  the  City  of  Oakland, 
the  franchises  thereof  and  other  mat- 
ters relating  thereto.  [Amended,  Vol. 
I,  p.  301.     Repealed,  Vol.  2,  p.  768.] i...  ..,298 

April  2,  1868 An    ordinance  to  amend  an   ordinance 

entitled  "An  Ordinance  for  the  Settle- 
ment of  Controversies  and  Disputes 
Concerning  the  Water  Front  of  the 
City  of  Oakland,  the  Franchises 
Thereof,  and  Other  Matters  Relating 
Thereto,"  passed  and  approved  April 
•  I,  1868.     [Repealed,  Vol.  2,  p.  768. ] i 301 

April  2.  1868  An  ordinance  finally  settling,  adjusting 

and  compromising  the  question  of  the 

Water  Front.   [Repealed,  Vol.  2.  p.  768.]..  i 30a 


38a  GENERAL  MUNICIPAL  ORDINANCES 

DATS  OF  APPROVAL.  TITLE.  VOL.      PAGB. 

April  6,  1868 An    ordinance   repealing  an   ordinance 

granting    certain  lands  on  the  Water 

Front 1 304 

Sept.  20,  1871 An  ordinance  to  provide  for  the  settle- 
ment of  certain  litigation  therein  men- 
tioned  ■ 1 516 

Aug.  21,  1879 An  ordinance    releasing  to  the  United 

States   certain    portions  of  the  Water 

Front  of  the  City  of  Oakland 2   750 

Dec.  22,  1879 An  ordinance  to  repeal  certain  ordi- 
nances of  the  City  of  Oakland 2 768 

Feb.  4,1880 An  ordinance  repealing  certain  ordi- 
nances passed  by  the  Board  of  Trustees 
of  the  Town  of  Oakland 2  777 

Jan.  12,1882  An  ordinance  to  prevent  further  litiga- 
tion concerning  the  Oakland  Water 
Front 3 75 

Aug.  19,  1893 An  ordinance  providing  for  the  employ- 
ment and  payment  of  Messrs.  Davis  & 
Hill,  etc 4   ....  463 

Aug.  19,  1893 An  ordinance  to  employ  associate  coun- 
sel, etc .♦.4  466 

Dec.  23,  1893 An  ordinance  providing  for  the  employ- 
ment and  payment  of  associate  coun- 
sel, etc 4   518 

Dec,  23,  1893 An  ordinance  providing  for  the  employ- 
ment and  payment  of  Davis  &  Hill,  etc..  .4 520 

Oct.  2,1894  An  ordinance  providing  for  the  pay- 
ment of  Davis  &  Hill,  etc 4  606 

Oct.     3,  1894 An  ordinance  appropriating  money  for 

expense  of  printing  record,  etc 4  612 

Oct.    9,  1894   An   ordinance   providing  for  payment  of 

the  balance   due   Messrs.  Pringle  and 

Powell,  etc 4 614 

May  19,  1898 Payment  to  Water  Front  Company  costs 

of  Appeal 5 272 


OF  THE  CITY  OF  OAKLAND,  CAL.  383 


IX. — Boulevard,   Park   and   School   Bond  Ordi- 
nances. 

APPROVED.  SUBJECT.  VOL.      PAGB. 

1890. 

Aug.  25 Determining  lands  for  Boulevard 3 497 

Sept.    I Determining  land  for  Water  Park 3 500 

Oct.   30 Determining  lands  for  West  Oakland  Park.  3 521 

Dec.    2 Accepting  deed   from  Rdson  F.  Adams 

etals 3 537 

Oec.    4 Accepting  deed   from  Alameda  County 

Land  Co 3 539 

Dec.    4 Accepting  deed   from  Edson  F.  Adams 

et  als 3 539 

Oec.    4 Accepting  deed   from  Edson  F.  Adams 

etals 3   540 

1891. 

June    3 Authorizing  expenditure  of  $19,000  on 

Boulevard 3 638 

Aug.    I School  sites  and  Buildings 3 657 

Aug.  29 Determining    lands  for  West   Oakland 

Park 3 666 

Sept.  23 Necessity  for  School  buildings  ar.d  im- 
provements   3   687 

Sept.  23 Plans  and  estimates  for  Boulevard  and 

West  Oakland  Park 3 688 

Sept.  23 Necessity    for     West    Oakland     Park, 

Boulevard  and  Water  Park 3 690 

1892. 

Jan.    4 Calling  election  for  Park  and  Boulevard 

Bonds 4 16 

Jan.    4 Calling  election  for  School  bonds 4 46 


384  GENERAL  MUNICIPAL  ORDINANCES 

APPROVED.  SUPJ3CT.  VOL.      PAGE. 

1892. 
Feb.  20 Prescribing  notice  for  Park   and  Boule- 
vard Bond  Election 4 84 

Feb.    4 Prescribing    notice     for    School   Bond 

Election 4 116 

Apr.  22 Declaring  result  of  School  Bond  Elec- 
tion  4 172 

June  24 Providing  for  issuance  of  School  Bonds. . .  4 220 

Aug.  22 Authorizing  expenditure  of  $100,000  on 

Boulevard  [repealed] 4 249 

May    I Repealing  ordinance  of  Aug.    22,   last 

above 4 417 

1893. 

June  13 . . .    Compromising  Boulevard  claim  of  E.  B. 

Stone 4 423 

1894. 

Mar.  12 Appropriating  $2500  for  improvement 

Lake  Shore  avenue 4 54« 

1895. 
Sept.  24 Regulating  use  of  Boulevard 5 718 

1896. 
Jan.  24 Protecting  Parks 5 23 

1896. 
Oct.  22 Authorizing  Purchase  of  Land  for  Park . .  5 95 

1897. 

Feb,  18 Authorizing  filling  in  of  Park  Land 5 114 

Oct.  20 Same 5 186 

July  15 Authorizing  Bond  Issue  $140,000 5 155 

1898. 

April  9 Adams'  Point  Property  designated  to  be 

acquired  for  Park 5 259 

Sept.  23 Park  Bond  Election,  $320,000  Bonds 5 35 


OF  THE  CITY  OF  OAKI^AND,  CAL.  385 


APPKNDIX. 


[Note— The  following  general  ordinances  have  been  passed  b; 
the  Council  and  approved  by  the  Mayor  since  the  foregoing  pages 
went  to  print:] 


ORDINANCE  No.  1923. 


AN  ORDINANCE  REGULATING  THE  GRANTING  OF  PER- 
MISSIONS BY  THE  CITY  COUNCIL  TO  DO  STREET 
WORK  BY  PRIVATE  CONTRACT. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  No  permission  to  perform  street  work  by  private 
contract  shall  be  granted,  or  if  granted  shall  be  valid,  unless  the  per- 
.<ion  applying  for  such  permission  shall  have 

(i)  Filed  with  the  City  Clerk  plans  and  specifications  for  the 
work,  prepared  by  the  City  Engineer,  and  with  the  signature  of  said 
Engineer  endorsed  thereon. 

(2)  Filed  with  the  Superintendent  of  Streets  a  true  copy  of  the 
contract. 

(3)  Filed  with  the  City  Clerk  an  affidavit  to  the  effect  that  he 
has  not  entered  into  any  private  agreement,  verbal  or  wfitten,  with 
any  person  interested  in  said  contract,  or  with  any  one  on  behalf  of 
such  person,  to  accept  a  price  from  him  less  than  the  price  named  in 
said  contract,  or  to  make  any  rebate  or  deduction  to  him  from  such 
price. 

Section  2.  All  street  work  done  by  private  contract  shall  be  in 
accordance  with  said  plans  and  specifications,  shall  be  to  the  line  and 
grade  as  established  by  the  City  Engineer,  and  shall  be  to  the  satis- 
faction of  the  Superintendent  of  Streets. 


386  GENERAL  MUNICIPAL  ORDINANCES 

The  City  Engineer  shall  receive  for  the  services  performed  by 
him  in  connection  with  private  contracts,  granted  pursuant  to  the 
terms  of  this  ordinance,  the  same  fees  as  are  now  allowed  by  or- 
dinance for  engineer  work  in  connection  with  public  contracts. 

Section  3.  Any  person  who  shall  file  a  false  affidavit  under  Sec- 
tion I  of  this  ordinance,  or  who  shall  violate,  or  attempt  to  violate, 
any  provision  of  this  ordinance,  shall  be  denied  the  privilege  of  there- 
after doing  any  kind  of  street  work,  within  the  City  of  Oakland. 

Section  4.     This  ordinance  shall  take  effect  immediately. 

(Approved  August  27,  1S98.     Vol.  5,  p.  296.) 


ORDINANCE  No.  1928. 


AN  ORDINANCE  DECLARING  CERTAIN  CONDITIONS 
AND  THINGS  IN  CONNECTION  WITH  THE  CON- 
STRUCTION AND  MAINTENANCE  OF  STREET 
RAILROAD  TRACKS  TO  BE  PUBLIC  NUISANCES, 
AUTHORIZING  THE  ABATEMENT  OF  SUCH  NUIS- 
ANCES, AND  PROVIDING  A  PENALTY  FOR  EACH 
DAY'S  MAINTENANCE  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  All  street  car  tracks  now,  or  hereafter  constructed 
in  or  upon  any  public  street  within  the  City  of  Oakland,  upon  any 
grade  other  than  the  official  grade  of  such  street  is  hereby  declared 
to  constitute,  and  shall  constitu'.e,  a  public  nuisance. 

Section  2.  All  street  car  tracks  now,  or  hereafter  constructed 
in  or  upon  any  public  street  within  the  City  of  Oakland,  which  shall 
not  be  flush  with  the  street  between  the  rails,  and  for  two  feet  on 
each  side  of  such  rails,  and  beLween  the  tracks,  if  there  be  more  than 
one,  is  hereby  declared  to  constitute,  and  shall  constitute  a  public 
nuisance. 

Section  3.  In  all  cases  where  a  public  street  within  the  City  of 
Oakland,  is  now,  or  shall  be  hereafter,  paved  with  bitumen,  asphalt 
or  wooden  blocks,  that  portion  of  ?uch  street  to  be  kept  in  order  or 
repair  by  any  street  railroad  having  a  +rack,  or  tracks,  thereon,  shall 
not  be  macadamized  or  re-macadamized,  and  any  macadam  thereon 


OF  THE  CITY  OF  OAKLAND,  CAL.  387 

used  as  a  surface  dressing  between  the  rails  of  such  street  railroad, 
or  within  two  feet  on  each  side  cf  said  rails,  or  between  the  tracks, 
if  there  be  more  than  one,  is  hereby  declared  to  constitute,  and  shall 
constitute  a  public  nuisance. 

Section  4.  The  Superintendent  of  Streets  is  hereby  authorized 
to  abate  all  public  nuisances,  declared  to  be  such  by  the  provisions 
oi  this  ordinance,  by  removing  the  same. 

Section  5.  Any  person,  firm  or  corporation  maintaining  any 
public  nuisance,  declared  to  be  such  by  .the  provisions  of  this  ordi- 
nance, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  ($100.00)  dol- 
lars, and  in  case  such  fine  be  not  paid,  shall  be  imprisoned  in  the 
City  Prison  at  the  rate  of  one  (i)  day  for  each  two  ($2.00)  dollars 
of  the  fine  so  imposed  and  remaining  unpaid. 

Section  6.  Each  day's  maintenance  of  any  public  nuisance  de- 
clared to  be  such  by  the  provisions  of  this  ordinance,  shall  be  a  sep- 
arate ofTense  and  shall  be  punishable  as  such. 

Section  7.  All  parts  of  any  ordinance  in  direct  conflict  with  any 
valid  provision  of  this  ordinance  is  hereby  repealed. 

Section  8.     This  ordinance  shall  take  effect  immediately. 

(Approved  August  31,  1898.     Vol.  5,  p.  302  ) 


ORDINANCE  No.  1929. 


AN  ORDINANCE  SPECIFYING  WHAT  KIND  OF  PAVE- 
MENT SHALL  BE  USED  IN  CERTAIN  CASES  IN  PAV- 
ING THAT  PORTION  OF  A  PUBLIC  STREET  TO  BE 
KEPT  IN  ORDER  OR  REPAIR  BY  STREET  RAIL- 
ROADS HAVING  TRACKS  THEREON,  AND  PROVID- 
IN  A  PENALTY  FOR  A  VIOLATION  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oaklani,  as  follows: 

Section  i.  In  all  cases  where  a  public  street  within  the  City  ot 
Oakland  is  now,  or  shall  be  hereafter,  paved  with  bitumen,  aspha't 
or  wooden  blocks,  that  portion  of  such  street  to  be  kept  in  order  or 
repair  by  any  street  railroad  having  a  track,  or  tracks,  thereon,  shall 
be  paved  with  the  same  pavement  as  the  other  portion  of  the  street. 


388  GENERAL  MUNICIPAL  ORDINANCES 

Section  2.  The  laying  of  said  pavement  upon  such  portion  of 
such  street  shall  be  commenced  withing  five  (5)  days  after  the  pas- 
sage of  this  ordinance  in  cases  where  the  remainder  in  width  of  such 
street  is  paved  with  such  pavement  at  the  said  passage;  and  in  all 
other  cases  shall  be  commenced  within  ten  (10)  days  after  the  com- 
pletion and  acceptance  by  the  Superintendent  of  Streets  of  the  pave- 
ment upon  said  remainder  in  width  of  such  street. 

Section  3.  The  provisions  of  this  ordinance  shall  apply  to  all 
existing  franchises  and  all  franchises  hereafter  granted,  but  shall  not 
apply  to  Broadway  or  Washington  streets,  or  to  Fourteenth  street 
between  Broadway  and  Washington  streets. 

Section  4.  Any  person,  firm  or  corporation  attempting  to  vio- 
late any  provision  of  this  ordinance,  and  any  person,  firm  or  corpora- 
tion maintaining  any  street  railroad,  or  street  railroad  tracks,  in  vio- 
lation of  the  provisions  of  this  ordinance,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
to  exceed  Que  hundred  ($100.00)  dollars,  and  in  case  such 
fine  be  not  paid,  shall  be  imprisoned  in  the  City  Prison  at  the  rate 
of  one  (i)  day  for  each  two  ($2.00)  dollars  of  the  fine  so  imposed 
and  remaining  unpaid. 

Section  5.  Each  day's  failure,  neglect  or  refusal  to  pave  such 
portion  of  such  street  with  one  of  said  three  kinds  of  pavement  as 
provided  in  this  ordinance  shall  be  a  separate  offense,  and  shall  be 
punishable  as  such. 

Section  6.  All  parts  of  any  ordinance  in  direct  conflict  with  any 
valid  provision  of  this  ordinance  is  hereby  repealed. 

Section  7.     This  ordinance  shall  take  effect  immediately. 

(Approved  August  31,  1898.     Vol.  5,  p.  305.) 


ORDINANCE  No.  1930. 


AN  ORDINANCE  AMENDING  SECTION  i  OF  ORDINANCE 
NO.  1,673,  ENTITLED  "AN  ORDINANCE  REQUIRING 
RAILROAD  COMPANIES  TO  STATION  FLAGMEN  AT 
CERTAIN  STREET  CROSSINGS  IN  THE  CITY  OF  OAK- 
LAND, AND  REGULATING  THE  PASSAGE  OF  RAILWAY 
ENGINES  OVER  AND  ACROSS  SAID  CROSSINGS," 
APPROVED  MARCH  21,  1895. 


OF  THE  CITY  OF  OAKLAND,  CAL.  389 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Section  i  of  Ordinance  No.  1,673,  entitled  "An  Or- 
dinance Requiring  Railroad  Companies  to  Station  Flagmen  at  Cer- 
tain Street  Crossings  in  the  City  of  Oakland,  and  Regulating  the 
Passage  of  Railway  Engines  Over  and  Across  Said  Crossings,"  ap- 
proved March  21st,  1895,  is  hereby  amended  to  read  as  follows: 

Section  i.  All  persons,  firms  or  corporations  owning,  operating 
or  controlling  any  steam  railway  upon  Seventh,  First  or  Webster 
streets  or  upon  Railroad  avenue  in  the  City  of  Oakland  are  hereby 
requested  to  station  flagmen  and  keep  said  flagmen  so  stationed  at  the 
following  points  during  the  hours  of  the  day  or  night  that  said  rail- 
way is  in  operation,  to-wit:  Seventh  and  Jefferson  streets,  Seventh 
and  West  streets,  Seventh  and  Myrtle  streets,  First  and  Franklin 
streets,  First  and  Clay  streets.  Eighth  and  Webster  streets,  also  upon 
Seventh  street  or  Railroad  avenue  where  the  railroad  tracks  crosses 
?aid  street  west  of  Bay  street,  First  and  Washington  streets  and  First 
and  Market  streets. 

Section  2.     This  ordinance  shall  take  effect  immediately. 

(Approved  August  31,  1898.     Vol.  5.  p   307.) 


ORDINANCE  No.  1931, 


AN  ORDINANCE  AMENDING  SECTION  i  OF  ORDINANCE 
NO.  1,554,  ENTITLED  "AN  ORDINANCE  REQUIRING 
RAILROAD  COMPANIES  TO  STATION  FLAGMEN 
AT  CERTAIN  STREET  CROSSINGS,  ETC.,"  AP- 
PROVED SEPTEMBER  8TH,   1893. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Section  i  of  Ordinance  No.  1,554,  entitled  "An  Or- 
dinance Requiring  Railroad  Companies  to  Station  Flagmen  at  Cer- 
tain Street  Crossings,  etc.,"  approved  September  8th,  1893,  is  hereby 
amended  to  read  as  follows: 

Section  i.  All  persons,  firms  or  corporations  owning,  operating 
or  controlling  any  steam  railway  upon  Seventh,  First  or  Webster 
streets,  or  upon  Railroad  avenue  in  the  City  of  Oakland  are  hereby 


390  GENERAL  MUNICIPAL  ORDINANCES 

required  to  station  flagmen  and  keep  said  flagmen  so  stationed,  at 
the  following  points  during  the  hours  of  the  day  or  night  that  said 
railway  is  in  operation,  to-wit:  At  the  intersection  of  the  main  line 
track  with  Goss  street,  said  point  te!ng  about  60  feet  east  of  Bay 
street;  intersection  of  Seventh  and  Market  streets.  First  and  Castro 
streets,  Seventh  and  Washington  streets,  Seventh  and  Broadway, 
Seventh  and  F'-anklin  streets,  Seventh  and  Webster  streets,  First  and 
Webster  streets,  Water  and  Webster  streets,  Thirteenth  and  Webster 
streets,  First  and  Broadway  streets,  Park  avenue  and  Railroad  right  of 
way. 

Section  2.     This  ordinance  shall  take  effect  immediately. 

(Approved  August  31,  1898.     Vol.  5,  p.  308.) 


ORDINANCE   No.   1932. 


AN  ORDINANCE  PROHIBITING  THE  SALE  OF  OR  OFFER- 
ING FOR  SALE,  OR  GIVING  AWAY  CIGARETTES. 
AND  PROHIBITING  THE  SMOKING  OF  THE  SAME 
BY  MINORS  IN  THE  STREETS  AND  PUBLIC  PLACES 
OF  THE  CITY  OF  OAKLAND,  AND  REPEALING  OR- 
DINANCE NO.  989,  APPROVED  AUGUST  23    ,  1886. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  It  is  hereby  declared  unlawful  for  any  person  in  the 
City  of  Oakland  to  sell,  oflfer  for  sale,  or  give  away  any  cigarette  or 
cigarettes. 

Section  2.  No  person  in  the  City  of  Oakland  shall  permit  any 
cigarette  or  cigarettes  to  be  sold  in  any  place  owned,  leased  or  occu- 
pied by  him. 

Section  3.  It  is  hereby  declared  unlawful  for  any  minor  to  smoke 
any  cigarette  or  cigarettes  in  any  railway  car,  street,  square,  public 
building  or  place  in  the  City  of  Oakland. 

Section  4.  Ordinance  No.  989,  approved  August  23d,  1886,  is 
hereby  repealed. 

Section  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  exceeding  fifty  dollars  and  in  case 


OF  THE  Cirv  OF  OAKLAND,  CAL.  391 

said  fine  be  not  paid  then  the  person  so  fined  may  be  imprisoned  in 
the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  6.    This  ordinance  shall  take  effect  on  and  after  Octdbcr 
1st,  1898. 

(Approved  August  31,  1898.     Vol.  5,  p.  310.) 


ORDINANCE  No.  1920. 


AN  ORDINANCE  AMENDING  SECTION  TWO  OF  ORDI- 
NANCE NO.  1242,  CREATING  THE  OFFICE  OF  AS- 
SISTANT SANITARY  INSPECTOR  OF  THE  BOARD 
OF  HEALTH  AND  FIXING  THE  SALARY  THEREOF. 
APPROVED  DECEMBER  8TH,  1890. 

Be  it  Ordained  by  the  Coimcil  of  the  City  of  Oakland,  as  follows: 

Section  i.  Section  2  of  Ordinance  No.  1242  creating  the  office 
of  Assistant  Sanitary  Inspector  of  the  Board  of  Health  and  fixing 
the  salary  thereof,  approved  December  8th,  1890,  is  hereby  amended 
to  read  as  follows:  Section  2.  There  shall  be  two  (2)  such  Assistant 
Sanitary  Inspectors  and  the  salary  of  each  is  hereby  fixed  at  the  sum 
of  one  hundred  ($100.00)  dollars  per  month. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  force  upon 
its  approval. 

(Approved  Aug.  6,  1898.    Vol.  5,  p.  292.) 


39?^  GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1921. 


AN  ORDINANCE  AMENDING  SECTION  3  OF  ORDINANCE 
NO.  1848,  ENTITLED  "AN  ORDINANCE  REGULATING 
PLUMBING  AND  SEWERAGE  IN  BUILDINGS,"  AP- 
PROVED NOVEMBER  13,  1897- 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  asfollozvs: 

Section  i.  Section  3  or  Ordinance  No.  1848  entitled  "An  Or- 
dinance Regulating  Phtmbing  and  Sewerage  in  Buildings,"  approved 
November  13th,  1897,  is  hereby  amended  to  read  as  follows:  Section 
3.  All  connections  of  soil  pipes  or  waste  pipes  with  ironstone  sewer 
must  be  made  below  the  surface  of  the  ground.  Whenever  the  San- 
itary Inspector  is  required  to  inspect  any  plumbing  or  sewerage,  he 
shall  be  given  twenty-four  (21)  hours'  notice  thereof,  and  for  every 
unnecessary  notice  so  given,  the  person  giving  the  same  shall  forfeit 
to  the  city  and  pay  to  the  Secretary  of  the  Boaid  of  Health,  for  the 
city,  the  sum  of  one  ($1.00)  dollar. 

Every  person  violating  any  of  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  ($100.00)  dol- 
lars; and  in  case  such  fine  be  not  paid  then  by  imprisonment  in  the 
City  Prison  at  the  rate  of  one  (i)  day  for  every  two  ($2.00)  dollars 
of  the  fine  so  imposed  and  remaining  unpaid. 

Section  2.  This  ordinance  shall  take  eflfect  and  be  in  force  from 
and  after  its  approval. 

(Approved  .\ug.  6,  1898.     Vol.  5,  p.  203.) 


OF  THE  CITY  OP  OAKLAND,  CAL.  393 

OtolNANCE  No.  1938. 


AN  ORDINANCE  AMENDING  SECTION  6  OF  ORDI- 
NANCE NO.  1422,  APPROVED  MAY  12,  1892, 
ENTITI.ED  "  AN  ORDINANCE  DECLARING  AND 
DETERMINING  THE  GENERAL  SPECIFICA- 
TIONS FOR  REPAIRING,  IMPROVING  AND 
PAVING  THE  STREETS,  AVENUES,  ALLEYS 
.      AND  HIGHWAYS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  i.  Section  6  of  Ordinance  No.  1,422,  entitled  "An  Ordi- 
nance Declaring  and  Determining  the  General  Specifications  for  Repair- 
ing, improving  and  paving  the  streets,  avenues,  alleys  and  highways  of 
the  City  of  Oakland,"  approved  May  12,  1892,  is  hereby  amended  to 
read  as  follows : 

Sections.  Macadam.  Article  i.  All  macadamizing  shall  be  done 
only  with  hard  rock  of  igneous  character  known  as  hard  blue  trap  rock 
or  hard  gray  trap  rock,  or  basalt  rock,  and  shall  be  such  rock  only  as 
shall  come  within  the  requirements  of  either  first  class  rock  or  seccnd 
class  rock,  the  requirements  of  which  classes  are  as  follows,  to-wit : 

1st  class  rock  shall  be  rock  of  igneous  character  and  formation, 
trap  or  basalt,  of  irregular  cleavage,  and  such  as  shall  not  lose  by  ero- 
sion and  fracture,  upon  testing  same  in  the  "rattler,"  belonging  to  the 
City  of  Oakland  for  purposes  of  testing  rock,  revolving  at  the  rate  of 
not  less  than  28  revolutions  per  minute  for  three  hours,  more  than  fif- 
teen per  cent  of  its  original  weight, 

2nd  class  rock  shall  be  trap  or  basalt  rock  such  as  shall  not  lose  by 
erosion  and  fracture  upon  testing  the  same  in  the  said  "rattler,"  revolving 
at  the  rate  of  not  lees  than  28  revolutions  per  minute  for  three  hours 
more  than  28  per  cent  of  its  original  weight. 

Article  2.  All  rock  submitted  or  which  shall  be  used  in  the  mac- 
adamizing of  a  street  shall  be  of  the  character  and  size  and  of  the  class 
as  herein  designated  and  as  called  for  by  the  Resolution  of  Intention 
each  respectively,  and  shall  be  subjected  to  a  test  of  three  hours  in  said 
"rattler,"  revolving  at  the  rate  of  not  less  than  28  revolutions  per  min- 
ute, by  the  City  Engineer,  or  Street  Committee,  or  both,  and  no  rock 
that  after  such  test  does  not  retain  at  least  the  minimum  weight 
required  by  the  requirements  of  thfc  class  called  for  in  the  Resolution  of 


394  GENERAL  MUNICIPAL  ORDINANCES 

Intention  and  Proposals  for  Street  Work,  in  each  case  respectively, 
shall  be  used  upon  the  streets,  nor  accepted  by  the  city  officials. 

Article  3.  The  work  of  macadamizing  a  street  shall  be  of  ihree 
grades  or  classes,  designated  as  Class  A,  Class  B  and  Class  C.  The 
requirements  of  each  respecti .  ely  shall  be  as  follows  : 

Class  A.  After  the  grading  and  rolling  of  the  street  to  .the  proper 
subgrade  as  prescribed  hereinbefore,  a  layer  of  first-class  rock,  as  above 
designated,  of  a  uniform  depth  of  nine  inches  before  rolling,  composed 
of  rock  of  a  size  to  pass  through  a  3  inch  ring,  shall  be  placed  on  the 
subgrade,  and  then  thoroughly  rolled  with  a  ten-ton  roller,  and  so  that 
a  uniform  surface  is  presented  and  so  that  the  crown  of  the  street  shall 
be  preserved  as  per  cross  section  for  such  street  filed  in  the  office  of  the 
City  Clerk.  The  top  surface  to  be  well  covered  so  as  to  thoroughly  fill 
all  the  interstices  with  fine  screenings  of  said  first-class  rock,  which 
screenings  shall  not  be  of  a  size  less  than  X  of  an  inch  in  any  direction, 
such  top  covering  in  no  event  to  be  less  than  i  inch  or  more  than  x% 
inches  in  depth.  The  whole  then  to  be  well  watered  and  thoroughly 
rolled  with  a  roller  of  not  less  than  ten  tons  in  weight. 

Class  B.  After  the  grading  and  rolling  of  the  street  to  the  proper 
subgrade  as  prescribed  hereinbefore,  a  layer  of  said  first-class  rock  of  a 
uniform  depth  of  seven  inches  before  rolling,  composed  of  rock  of  a  size 
to  pass  through  a  three-inch  ring,  shall  be  placed  on  the  subgrade,  and 
then  be  thoroughly  rolled  with  a  ten-ton  roller,  and  so  that  a  uniform 
surface  is  presented,  and  so  that  the  crown  of  the  street  shall  be  pre- 
served as  per  cross  section  for  such  street  filed  in  the  office  of  the  City 
Clerk.  The  top  surface  to  be  well  covered  so  as  to  thoroughly  fill  all 
the  interstices  with  fine  screenings  of  said  first-class  rock,  which  screen- 
ings shall  not  be  of  a  size  less  than  %  of  an  inch  in  any  direction,  such 
top  covering  in  no  case  to  be  less  than  i  inch  or  more  than  i^  inches  in 
depth.  The  whole  then  to  be  well  watered  and  thoroughly  rolled  with 
a  roller  of  not  less  than  ten  tons  in  weight. 

Class  C.  After  the  grading  and  rolling  of  the  street  to  the  proper 
subgrade  as  prescribed  hereinbefore,  a  layer  of  second  class  rock,  as 
above  designated,  of  a  uniform  depth  of  six  inches  before  rolling,  com- 
posed of  rock  of  a  size  to  pass  through  a  three-inch  ring,  shall  be 
placed  on  the  subgrade,  and  then  thoroughly  rolled  with  a  ten-ton 
roller,  and  so  that  uniform  surface  is  presented,  and  so  that  the  crown  of 
the  street  shall  be  preserved,  as  per  cross  section  for  such  street  filed  in 
the  office  of  the  City  Clerk.  The  top  surface  to  be  well  covered,  so  as 
to  thoroughly  fill  all  the  interstices  with  fine  screenings  of  said  second- 
class  rock,  which  screenings  shall  not  be  of  a  size  less  than  %  of  an 
inch  in  any  direction,  such  top  covering  in  no  event  to  be  less  than  one 
inch  or  more  than  1%  inches  in  depth.  The  whole  then  to  be  well 
watered  and  thoroughly  rolled  with  a  roller  of  not  less  than  ten  tons  in 
weight. 

Section  2.     This  ordinance  shall  take  effect  immediately. 

(Approved  Sept.  23,  1898.     Vol.  5,  p.  318.) 


ORDINANCES 


Numerical  Index. 


Number 

l6l  . 
262 

320  . 

337  . 

360  . 

367  ■ 

396  .. 

403  .. 

418  ., 

435  .. 

450  .. 
506 

514  ■• 

537  ■• 

551  .. 

598  .. 

602  . . 

^54  .. 

655  .. 

684  .. 

701  . . 

703  .. 

712  . . 

715  .. 

719  •• 

728  .. 

729  .. 

730  .. 
784  .. 
S16  .. 
818  . . 
820  .. 
866  .. 

868  .. 

869  ,. 

875  .. 

876  .. 

879  .. 

88r  .. 

915  . . 

932  . . 

935  . . 

938  ... 

941  . . . 

952  . . . 

968  .., 

989  ... 

1005  . . 


Page 

314 
314 
315 
134 
316 
138 
316 
139 
31/ 
318 

139 
277 

319 
319 
109 
209 

93 
320 
14? 
226 

216 

227 
279 
142 
321 
219 
280 
144 
2Sr 
322 
322 
271 

275 
220 
228 

323 
210 

323 

324 

88 

325 
144 
228 
326 
147 
147 
326 
327 


Number 

1009  . 

loio  , 

lOII  . 

1020  . , 

102 1  ., 
1024  .  . 

1033  ■ . 

1084  . . 

1089  . . 

1093  . . 

iioi  .. 

I 104  .. 

1 108  . . 

1 109  . . 

1 1 10  ... 

1113  .. 

1114  .. 
1121  .. 
I134  .. 
"35  .. 
1136  .. 

1138  .. 

1139  .. 

1140  .. 

1141  .. 

1 142  .. 

1143  •• 

1144  . 
"45  .. 

1 147  . . 

1148  .. 

1171  .. 

1172  .  . 
1178  .. 

"79  .• 

1188  . 

1214  . 

1216  ... 

1219  . . . 

1220  .  . 
1224  ... 

1241  . . . 

1242  ... 

1252  . . . 

1253  ... 

1259  . .  • 

1260  . . . 
1262  . . . 


Page 

no 

328 

328 

88 

329 
148 
282 
149 

211 
126 
90 
220 
229 

99 
100 

89 
150 
213 
221 
330 

94 
213 
331 
331 
332 
333 
334 
334 
335 
214 

151 

lor 

90 

lOI 

102 

151 
230 
103 
336 
152 
232 
103 
96 
156 
158 

91 
222 
l6o 


396 


INDEX  TO  ORDINANCES. 


Number  Page 

1267  162 

1283  162 

1293  233 

1297  234 

1298  163 

1329  235 

1331  236 

1332  237 

1333  291 

1336  87 

1337  336 

1341  95 

1344  237 

1346  238 

1348  239 

1349  223 

1354  165 

1355  ^66 

1360  239 

1362  167 

1366  100 

1367  168 

1369  131 

1378  215 

1381  98 

1386  168 

1396  283 

1422  169 

1429 92 

1437  178 

1456  240 

1460  180 

1462  338 

1477  204 

1480  133 

1482  183 

1490  205 

1520  243 

1532 244 

1537  341 

1539  293 

1540  343 

1542  294 

1543  295 

1544  343 

1547  266 

1548  264 

1554  295 

1558  205 

1568  284 

1569  296 

■1574  297 

1575  298 

1595  MS 

1596  299 

1602  183 


Number 
1604 

1605  . 

1606  . 
1609  . 

1616  . 

1617  . 

1618  . 
1619 
1622  , 
J  623  . 
1626  . 
1641  . 
1647 
1649  . 
1654  . 
1655 
i657  . 

166 1  . 

1662  . 
1665  . 

1667  . 

1668  . 
1670 
1672 

1673  . 

1683  . 
1685 
1691 

1694  . 

1695  . 
1702  . 
1704  . 
J705  . 
1708  , 

1724  . 

1725  . 
1727  . 
1729  . 

1735  . 

1736  . 

1738  . 

1739  . 

1746  . 

1747  . 
1752  . 
1754  . 
1766  . 
1770 

1794  . 

1802  . 

r8o6  . 

t8o8  . 

1812  . 

1817  . 

1819  . 

1824  . 


Page 

344 
345 
92 
189 
246 
191 

247 
249 

93 
285 
192 
223 

255 
301 
301 
302 
303 
305 
304 
305 
224 
107 
306 
347 
307 
192 
308 
348 
104 
105 
153 
193 
309 
348 

349 
288 
106 
194 
256 
257 
350 
3" 
310 
312 

195 
312 

351 
197 
269 
258 

259 
198 

352 
353 
206 
108 


INDEX  TO  ORDINANCES. 


397 


Number  Page 

1825  197 

1828  354 

1829  201 

1830  355 

1836  202 

1844  259 

1848  260 

1853  26r 

1854  263 

i860  207 

1865  292 

1869  182 

1870  242 

1874  346 

1884  207 

1890  134 

1901 96 

1906  340 

I90«  137 


Number  Page 

1910     337 

1923     38s 

1920     391 

1921     392 

1928     386 

1929     387 

1930     388 

1931     389 

1932     390 

Grade   Ordinance 359-365 

Width  of  Sidewalks 365-368 

Accepting  Streets 369 

Opening  and  Closing  Sts.  .369-370 
Changing  Names  of  Sts. .  .370-373 

Franchises 373-379 

Annexation  of  Territory. .  .379-380 

Water  Front 380-382 

Boulevard,   Park,  and  School 

Bond 383-384 


Index  to  Charter. 


Section 

Abandonment  of  franchise i86 

Abstract  to  be  made  by  Assessor 139 

Accepting  Streets Sub.  i,  Sec.  31 

Acid  Works Sub.  15,  Sec.  31 

Acts  of    Police  and  Fire  Commissioners  subject  to  approval  by- 
Council i^g 

Affidavit— 

Of  bidder 80 

Before  receiving  salary 42 

City  Clerk  may  take 39 

See  "Oaths." 
Agreements  (see  contracts) 

Mayor  to  see  enforced 35 

Aisles — Obstructions  in Sub.  22,  Sec  31 

Alleys — Opening,  etc Sub.  i,  Sec.  31 

Altering  Grades Sub.  i,  Sec.  31 

Amusements Sub.  13,  Sec.  31 

Anchorage Sub.  9,  Sec.  31  and  Sec.  71 

Animals,  dead Sub.  19,  Sec.  31 

Animals,  at  large Sub.  16,  Sec.  31 

Annual  Report — Health  Department i63 

Apparatus,  electrical,  etc.,  in  streets Sub.  33,  Sec.  3; 

Application  for  franchise Sub.  37,  Sec.  31 

Application  for  street  improvement 102 

Application  of  School  Fund ^^ 

Appointment  and  removal  of  clerks  and  Employees 203.  204 

Approval  of  demands  by  Auditor 4^ 

Approval  of  official  bonds 4S 

Approval  of  ordinance  by  Mayor 2t 

Architect — 

Appointment  and  duties 74 

Salary^  by  whom  fixed 63 

Term  of  office 7^ 

Ashes Sub.  19,  Sec.  31 

Assessor  (see  Auditor) 


400  INDEX  TO  CHARTER. 

Section 

Assessment  of  property  (see  "Revenue  and  Taxation.") 

Assessment  Roll i^g 

Basis  of  Assessment 147 

Duties  of  Assessor 40,  134,  137-140,  146-148 

Equalization ij6,  137,  142,  143 

Lands  partly  outside  the  city 139 

Subsequent  assessment 147^  148 

Associated  Charities Sub.  46,  Sec.  31 

Auditor  and  Assessor — 

(See  "Assessment  of  Property.") 

Annual  statement  to  Council 134 

Duties 40,  134,  137-140^  •S46-I4>5 

Election  01 7 

Ex-Officio  Assessor 40 

Qualifications 200 

Reports 40 

Salary 4^ 

Awnings  and  awning  posts Subs.  3^  20,  Sec.  31  and  Sec.  71 

Award  of  contract 81,  84 

Ayes  and  noes.  Board  of  Works 67 

Board  of  Education 113,133 

On  veto  of  Mayor 22,  23 

Bailiff  of  Police  Court 58 

Ballast,  refuse Sub.  19,  Sec.  31 

Bank,  loan  of  city  funds  to 4t 

Banners  and  flags  in  streets Sub.  3,  Sec.  31 

Basement,  entrance  to Sub.  20,  Sec.  31 

Basis  of  Assessment 147 

Bells  in  streets Sub.  3,  Sec.  3  [ 

Bells,  railroad Sub.  27,  Sec.  31 

Benches  in  aisles Sub.  22,  Sec.  31 

Bequests t 

Bids,  action  upon 81 

Check  to  accompany 80 

Franchises,  bids  for Sub.  37,  Sec.  31 

Notice  for 79.85 

Requirements  of 8-0 

Provisions  as  to 80-83    86 

Births  and  deaths 178-181 

Board  of  Education 112-13.? 

Application  of  School  Fund 128,  129 

Ayes  and  noes, II3.  "^3^ 

Certificates  granted ^^S 

Citv  Board  of  Examination 125 


INDEX  TO  CHARTER.  401 

Board  of  Education — Continued.  seciiou 

Claims  against  School  Fund 130,  131 

Contagious  diseases  to  be  reported I7,> 

Demands  against  School  Fund '130,  13* 

Directors,  qualifications,  term  of  office,  etc II2 

Election  of 7 

Emergency — Expenditures Ij* 

Extraordinary  expenditures • 132 

Limit  of  indebtedness 131 

Meetings,  regular  and  special 113 

Money  from  sales  of  property Sub.  14,  Sec.  114 

New  school  houses 119,121 

Oaths,  Board  may  administer IIS 

Organization 113 

Pecuniary  interest.  Directors  to  have  no lai 

Plans  and  specifications  for  new  school  house,  requisition 

for 119.  120,  121 

Powers  and  Duties 1^4 

President  of  Board 11.3 

Qualifications 112,200 

Quorum 1I3 

Records  of  Board "3 

Repairs.. 122 

Report "8 

Report  of  Superintendent 127 

Requisitions  for  supplies 116,  117 

Rules  of  procedure II3 

Salaries,  teachers 124 

School  buildings 121,  122 

School  Fund. . 128,  129 

Special  meetings,  notice  of W6 

Superintendent  and  Assistant 115,  126.  127 

Supplies,  requisition  for •'"6,  Ii7 

Surplus '*8 

Suspension  of  Teachers  by  Superintendent 127 

Term  of  office "* 

Teachers- 
Employment  and  removal  cf Sub.  2,  Sec.  114 

Suspension  of **7 

Salaries  to  be  fixed 1*4 

Transerto  School  Fund  in  emesgcnoy ,  •■  I3' 

Vacancies '*3 

Vote  necessary  for  action ^^3 

Warrants ••130.  X3» 

iBoard  of  Health i64-i8t 


402  INDEX  TO   CHARTER. 

Board  of  Health — Continued.  ^    .- 

A             t               i                                                                                                    Section 
Annual  report j5g 

Appointment  of  Board j5- 

Births  and  deaths 178,  181 

Board,  how  constitulef^. 164    j5« 

Building  unfit  for  habitation 171 

Burial  permits 179,180 

Contagious  diseases 172,  173,  174   175 

Dead  bodies,  removal  of 179 

Duties  and  powers 167,  183 

Expenses 168,  182 

Health  Officer  and  City  Physician 169,170 

Meetings 166 

Mortality  records 178 

Oaths,  members  may  administer 184 

Ofifice,  Council  to  provide 160 

Organization 165 

Orders,  Council  to  enforce 182 

Permits 179,  180 

Permit  to  connect  with  sewer 108 

Pesthouscs 175 

Qualifications 164,200 

Quarantine 174,  176   177 

Regulations,  sanitary 177 

Rules  and  regulations 182 

Secretary 169 

Special  meetings id*) 

Term  of  office 164 

Unhealthful  buildings,  power:;  as  to 171 

Vote  necessary  for  action , 165 

Board  of  Police  and  Fire  Commissioners Sees.  150-16.3 

Acts  subject  to  approval  of  Council I59 

Additional  employees 161 

Annual  reports ..  ..  IS7 

Apparatus 156,  159 

Appointments  and  removals 154 

Claims 158 

Contracts  let  by  Board  of  Works  for  supplies 159 

Custody  of  property  of  departments 15A 

Discipline  and  punishment 163 

Employees,  how  appointed IS4 

Estimate  of  salaries  and  expenses 137 

Executive  sessions 152 

Fire  Alarm  and  Police  Telegraph I57,  159,  160 

Superintendent  of 163 


INDEX  TO   CHARTER. 

Board  of  Police  and  Fire  Commissioners-Continued 

Fines  and  forfeitures ".ii.uuen.  Section 

Fire  Department,  how  constituted.. ^? 

Management  of ] 

Hydrants  and  cisterns '.   _ ^^° 

Information  to  Council '^ 

Investigations ^^^ 

Meetings '  " ^^^ 

Misconduct  of  employees ^P 

Oflficers  of  departments ^^ 

Organization ^  ^ 

Powers  of  Board .. ^^l 

President,  how  elected .'   *'  [ '^^'  ^^ 

Quorum,  etc ^ 

Removal  of  employees 

Repairs  and  alterations. .   . .  54,  203 

Relief  Fund *.  ".'.  '.*  \\  \\  " J^^ 

Rules  and  regulations ,.151   152   i>;- 

Secretary,  duties  of ic' 

Special  meetings ^ 

Trials,  examinations *         .^ 

Term  of  office 

Urgent  repairs 

Votes  necessary  for  action '*  ,-2 

Board  of  Examination,  teachers j2- 

Board  of  Public  Works '.  .V  .'.'."■..■.  .'7  and  63-86 

Affidavit  of  bidder g^ 

Anchorage  of  vessels Sub.  9  Se^.  31'and  Sec.  71 

Architect 

Ayes  and  noes '  "    ^ 

Award  of  contract 81   84 

Awnings. ' 

^''^^ 80,81.82,83,86 

^°"^; 83,64 

Building  material  and  public  buildings 71 

Bridges -j 

Cellars  and 'faults 71 

Certificate  of  completion  of  contract 85 

<^heck 80,81,83 

City  Attorney,  a  Commissioner 5-^ 

City  Attorney,  contracts  under  supervision  of 82 

Commissioners,  how  constituted 7,63 

Compensation 5^ 

Commissioners tj 


404  INDEX  TO   CHARTER, 

Board  of  Public  Works — Continued,  Section 

Contracts — 

By,  whom  drawn 8.1 

Bond  accompanying. 8.1 

Cancellation  of 80 

Commissioners  not  to  be  interested  in 86 

Custody  of 83 

Extension  of  time 83 

For  work 78,  79,  83 

For  supplies 84,85 

Modification  of 83 

Notice  of  award  of 81 

Police  and  Fire  Departments 159 

Re-awarding ,.80,  82 

Resolution  on  completion  of 85 

Sureties  on 83 

Void,  when 82,  86 

Documents 33166,67,69 

Drains 71 

Employees — 

Appointment 64,68 

Bonds  of 64 

Removal 76 

Engineer,  City,  a  Commissioner 6j 

Engineer's  Deputies y2 

Electric  light  poles 71 

Entrances 71 

Extending  time 83 

Erasures  and  interlineations 80 

Forfeiture  of  check 81 

Fences  and  railways  on  sidewalks 71 

Gas  pipes,  water  pipes,  etc 71 

Gutters,  etc 7' 

Harbor  and  water  front 70 

Improvements 7t 

Information  furnished  to  Mayor  or  Council 66 

Lamps  and  lighting ..     71 

Material  and  supplies Sub.  17,  Sec.  31  and  Sees.  70,  84 

Mayor,  member  of  Board 63 

Moving  buildings , 71 

Meetings 65 

Notices,  generally 67 

Notices  of  proposals 78,  79.  84,  8.5 

Obstructions 71 


INDEX  TO  CHARTER. 

405 

Board  of  Public  Works-Continued. 

Organization —  *  Section 

President,  term  of  office 

Secretary,  duties  of  * 

Parks 67 

Permits 71 

Pipes 7' 

Plans,  specifications,  etc.  '(school  buildings)..".'. 120  '\l\ 

Poles,  posts,  etc -.'^i^,  i-i 

Police  and  Fire  Departments,* su'ppii'es'for..' J^ 

Powers  and  duties Ll'o 

President ^^5,  7r 

Printing ^^ 

Proposals  for  work .'.  "'   "'. a   ^ 

Proposals  for  supplies  and  materials..      "^  '  r^ 

Public  buildings 7 

Public  work  and  supplies..   ..  J«'  ....   o 

.  *^  70,  77   04 

Action  upon  bids  for..  , y 

Notice  of  bids  for '     "  "  g    "     g 

Qualifications /  >  79,    4 

r>,  200 

Uuocum 

Railways  and  railway  tracks ^. .   ..   [ -j 

Records,  documents  , etc ..65,66  60 

Recommendations  to  Council '      '70 

Reference  to  Board  by  Council ..   . .'  .  *  ..   \\   102 

Repairs,  improvements,  etc. , _j    -_ 

Requisition  by  Board  of  Education ....!  .119,120 

Resolutions  and  orders '    5- 

Resolution  on  completion  of  contract yi; 

Rules  and  regulations 5' 

Salaries  of  employees gg 

Salaries  of  Commissioners a* 

Schoolhouses,  new .<>« 

IJO 

Schoolhouses,  repairs  on 122 

Secretary .64.  67 

Sewers,  power  over  generally Sub.  4,  Sec.  31  and  Sec.  71 

Connection,  permit  for josj 

Sewerage  and -drainage  system 105-111 

Signs 7j 

Sinks -J 

Special  meetings jo^ 

Specifications  and  drawings g^ 

Steam  boilers y\ 

Steps 7, 


4o6  INDEX  TO   CHARTER. 

Board  of  Public  Works— Continued  Section 

Streets,  power  concerning 71 

Cleaning  and  repairing 71 

Improvement  of 103,  104 

Opening 90-100 

Oflicial  map loi 

Superintendent  of  Public  Works 75 

Supervision  of  public  works 70 

Superintendent  of  Streets j^ 

■  Supplies  and  mate-'ials Sub.  17,  Sec.  31  and  Sees.  70,  84 

Telegraph  and  telephone  poles , 71 

Term  of  office 7 

Urgent  necessity 78 

Vaults 71 

Votes  necessary  for  action 65 

Water  front  and  anchorage 71 

Wharves 71 

Wires 71 

Boilers,  steam Sub.  20,  Sec.  31 

Bonds,  official 45,  46,  64 

Bonded  indebtedness  for  improvements 149 

Accompanying  contracts 83 

Of  Health  Officer 169 

For  public  improvements 149 

Books,  documents,  etc ..33,66,67,69 

Boundaries  of  city 5 

Of  wards 6 

Redistricting  into  wards 25 

Bribes,  working  forfeiture  of  office 123,  190,  191 

Bridges,  wharves,  etc Sub.  7,  Sec.  31 

Buildings,  height  of Sub.  10,  Sec.  31 

Vested  in  city 2,3 

For  city  offices Sub.  17,  Sec.  31 

Wooden Sub.  10,  Sec.  31 

Obstructions  in  aisles  in Sub.' 22,  Sec.  31 

Business,  regulation  of Sub.  15,  Sec.  31 

Captains  of  Police 44 

Canals  for  terminal  use Sub.  31,  Sec.  31 

Carriage,  rates Sub.  21,  Sec.  31 

Standing  places  for Sub.  21,  Sec.  31 

Cash  in  Treasury  to  be  counted 34 

Cellars,  entrance  to Sub.  20,  Sec.  31 

Census  Marshals Sub.  7,  Sec.  114 

Certified  copies  of  records 19' 

Certificate  of  election 11 


INDEX   TO  CHARTER.  407 

Certificate  of  Assessor  attached  to  loll ^^i^S 

Cesspools .Sub' li' iitc.  31 

Chairs  in  aisles Sub.  22,  Sec.  ,i 

Charges  and  fees Subs.  21,  36,  Sec.  31 

Charities,  Associated Sub.  46,  Sec.  31 

Churches,  exits  from Sub.  22   Sec    3t 

<^»sterns Sub.  ?6,'  Sec.  31 

City  Attorney ^ 

Bond  of 45  4^, 

Duties  of 45,  45^  83 

Official  neglect ,^ 

Qualification 46,  201 

Salary 44 

Term  of  office 45 

City  Board  of  Examination 125 

City  Clerk,  appointment 39 

Duties  and  powers 39 

Qualifications 201 

Salary 44 

Term  of  office 39 

City  Engineer,  election  of 7 

Fees 43 

Powers  and  duties 72 

Qualifications..   ,. 72   201 

Salary 44 

City  Hospital Sub.  39,  Sec.  31 

City  Physician 169 

(See  Health  Officer) 
City  School  Superintendent — 

How  elected 12ft 

Salary 44 

Term  of  office I2n 

City  Treasury,  cash  to  be  counted 34 

Fees,  to  be  paid  into Sub.  36.  Sec.  31 

OSee  "Treasurer.") 

Civil  Service  clause 206 

Claims  (see  demands) 

Clerk  to  Mayor 38 

Clerk  to  Police  Court — Qualifications 201 

Closing  streets Sub.  i,  Sec.  31 

Collections,  paid  into  Treasury. .  . .' 42 

Expenses  for  street  repairs 71 

Collecting  license  tax Sub.  38,  Sec.  31 

Combustibles Sub.  14.  Sec.  31 


4Xi8  INDEX  TO  CHARTER. 

Section 
Commissioners  of  Public  Works 63,  64 

Comfort,  public Sub.  15,  Sec.  31 

Compensation  not  to  be  increased 201 

Compensation,  in  eminent  domain Sub.  32,  Sec.  31 

Condemnation,  for  public  use.-;  generally. .  .  .1,  194  and  Sub.  32,  Sec.  31 

Sewers no,  in 

Constitutes  exercise  of  frpnchise i85 

Conduct  of  officials Sub.  36,  Sec.  31 

Conduits  in  streets Sub.  33,  Sec.  31 

Connecting  and  cleaning  vaults Sub.  18,  Sec.  31 

Contracts  and  agreements — 

Mayor  to  see  enforced 35 

Councilmen  not  to  have  interest  in 189 

When  void 189 

For  wrork  or  supplies 185 

Bond  to  accompany 83 

Certain,  void 82,  185 

Duties  of  city  officers,  as  to 35 

How  executed ". 83 

Lighting  streets,  buildings,  etc 28 

Notice  to  be  given 185 

Officers  not  to  be  interested  in 86,  123,189 

Te  lowest  bidder 185 

Water  supply  for  city  use 29 

What  to  contain 83 

Conveying  property,  by  city i 

Correction,  house  of Sub.  45,  Sec.  31 

Corporate  identity  continued  under  Charter i,  3,  4 

Coimcilman,  cannot  be  Mayor 37 

Not  to  have  interest  in  contract 189 

Council — 

How  constituted 12,  13 

Action  by  ordinance 23 

Bonds,  proceedings  to  issue ..  149 

Condemnation  for  public  uses,  generally 194 

Condemnation  for  sewers il^ 

Extend  time  within  which  act  must  be  done 140 

Equalization  of  assessments 136,  143 

Funds  to  be  fixed  by 135 

How  removed 15 

Meetings 14 

Councilman  not  to  be  Mayor 37 

Official  map  to  be  prepared  under  direction  of 101 

Official  misconduct  to  be  laid  before 3,1 


INDEX  TO  CHARTER.  409 

Council — Coutinued. 

Oidinances,  what  may  enact 31^107 

Compilation  ol 2O 

Enacting  clause 27 

Opening  streets 91,96 

P*:na]ties  for  violation  of Sub.  35,  Sec.  3t 

Streets,  sidewalks,  etc..   ..Subs,  i,  3,  Sec.  31,  also  87,  102 

When  action  must  be  by 23 

When  to  take  effect 24 

Papers,  enforcing  production  of tt 

Powers  of *j 

President  of je 

Real  estate  for  sewer  purposes no 

Quorum j^ 

Rules  of  proceeding i5 

School  Fund,  transfer  to 131 

Special  meetmgs 14.  36,  19O 

Street  improvements,  proceedings 102,  103 

May  purchase  property  for no 

Tax  levy  to  be  fixed  by 136 

Term  of  ofifice 12 

Time  of  meeting. 14 

Vaults  for  Treasurer 41 

Vote  necessary  for  action 14 

Vote  necessary  over  veto 22 

Witnesses,  compelling  attendance  of 16 

Courts 47  and  note 

Courts,  rooms  for,  etc Sub.  17,  Sec.  31 

Crossings,  danger  signals  at,  etc .• Sub.  27,  Sec.  31 

Crosswalks,  repairing,  etc Subs,  i,  5,  Sec.  31 

Curbstones Sub.  5,  Sec.  31 

Custody  of  property  of  city Sub.  47,  Sec.  31 

Damages  in  sewer  proceedings in 

Damages  to  non-consenting  owners Sub.  28,  Sec.  31 

Dangerous  occupations ..Sub.  13,  Sec.  31 

Dead  animals Sub.  19,  Sec.  3: 

Decency,  acts  against Sub.  13,  Sec.  31 

Deaths 178,  181 

Defalcation,  official 33 

Deficiencies 135 

Delivery  of  roll  to  City  Clerk 138 

Demands — 

Auditor  to  record 40 

Auditor  to  report  to  Mayor 40 

Health  Department 182 


4IO  INDEX  TO  CHARTER. 

Demands — Continued.  section 

Police  and  Fire  Departments 158 

Presentation  and  allowance 40 

Record  of 40 

School   Department 130-132,   Sub.    11,   Sec.    14 

Sewer  proceedings m 

Depositing  city  money  with  bank 41 

Deputy  City  Engineers 72 

Detectives 44 

Dictrict  Attorney,  official  misconduct  to  be  laid  before  by  Mayor. .     33 

Dispensaries Sub.  6,  Sec.  31 

Disuse  of  franchise 186 

Docks Subs.  7,  2g,  30,  31,  Sec.  31 

Dockage Sub.  8,  Sec.  31 

Donations t 

Drainage  and  sewerage 105-111 

Dynamite Sub.  14,  Sec.  31 

Educational  Department 112 

Education  (see  Board  of  Education) 

Election,  general,  when  held 7 

What  officers  elected 7 

How  conducted 8 

Certificate  of  election 11 

First  under  Charter 7,208 

Precincts,  establishment  of 8,  q 

Voters,  qualifications 10 

Electric  lights  in  streets Sub.  3,  Sec.  31 

Electrical  appliances  in  streets Sub.  33,  Sec.  31 

Elevated  roads - Sub.  29.  Sec.  31 

Eminent  domain Sub.  32,  Sec.  31,  and  Sees,  no,  in 

Employees 

Additional,  how  authorized. 195 

Of  Board  of  Works 6^.  68,  7& 

Appointment 68,  204 

Removal 76.  188-191.  203,  206 

Salaries 68,  195 

To  have  no  interest  in  contract,  etc l8g 

Of  Police  and  Fire  Departments 161 

Enacting  clause 27 

Engineer,  City — 

Deputies 72 

Duties  and  powers 72 

Election  of 7 

Fees 42 

Qualifications 72,  201 

'.  Salary 44 


INDEX  TO  CHARTER.  411 

Engine  houses S„b.  29,  Sec"3T 

Engines,  speed  of Sub.  27.  Sec.  31 

f"'*"^""^--   •• Subs.  20,  22.  Sec.  3t 

Equalization  of  assessments i?7    142 

Estimates,  by  Auditor .'.".'  .'.'  .'.'  .','   '"   ' "   ' '  ^^'    ^  '  ^"^-^ 

Examination— 

Bo^^dof j^^ 

Annual,  of  accounts ; 

Funds  in  City  Treasury 

Executive  sessions.  Police  and  Fire  Commissioners..    ..    ..    ..    . .'   152 

Exhibitions c,.k    ,,    c 

■n-         ,.  ^»b.  13,  Sec.  31 

Experting  city  accounts 

Explosives c.Vk  c 

T -   *^      .  ,    .       \ Sub.  14    Sec.  31 

i^xtension  of  time  for  assessments,  etc. .  140 

Extinguishing  fires V  .V  .".Sub."  10,  Sec.   n 

^.''''"  •   •• Subs.  21,  37,  Sec.  31 

Pees  and  charges. Sub.  36.  Sec.  31 

Fees  to  be  paid  mto  Treasury Sees.  42  6i 

Femes. Subs.  7.  29,  30.  Sec.  31 

I'mance  Committee  to  count  funds  in  Treasury ^^ 

Fines,  Police  Court  may  impose "   "     c-i 

Fines  and  fees,  paid  into  Treasury  by  Ju^^tices  of  Peace  61 

Fines  and  forfemnes Sub.  35.  Sec.' 31  and  142 

Fire  Alarm  and  Police  Telegraph jQq 

?^^'"*.^"^"^-^ '.."."'.'. Sub. ■23rSec.  31 

Superintendent ^^ 

Supplies " 

Fire  Department—  

Constituted  how ^^ 

Chief  Engineer's  salary..    ..    , .. 

Employees,  additional ]   j5j 

Fines ••   •• 

Ofificers t6 

Relief  Fund '.  .* ,A 

_.  102 

Fires  and  fire  district Sub.  10,  Sec.  31 

^•^^P'"f Sub.  14.  Sec.  31 

^P'^'"'^^ Sub.  14.  Sec.  31 

Flags  over  street Sub.  3,  Sec.  31 

'''^S"^^" Sub.  27.  Sec.  31 

Forfeiture  of  check 81 

Forfeiture  of  franchise 135^  189,205 

Forfeiture  of  office 41.86.  123.  189-191 

F'orgery,  reward  for  apprehension Sub.  43.  Sec.  31 

Franchise — 

Acceptance  and  work  under 186 


4i»  INDEX  TO  CHARTER. 

Franchise — Continued.  Section 

Bill  to  grant  30  day  limit 20 

District  on  water  Iront,  for Subs.  29,  31,  Sec.  31 

Failure  to  use 186,  2og 

Granting Subs.  28-32^  2,1,  Sec.  31 

Street  railroads Sub.  zi<  Sec.  31 

Steam  railroads Subs.  28-32,  Sec.  31 

Free  Library 133 

Freight  depots  on  water  front Subs.  29-32,  Sec.  31 

Fuel  and  furniture  for  oflices Sub.  17,  Sec.  31 

Fund,  Street  Department,  forfeiture  to  go  to 8i 

Funds,  condition  of 4'' 

Separate.  Council  to  establish 135 

Vaults  for 41 

Garbage Sub.  19,  Sec.  31 

Gas  light  and  gas  pipes Subs.  3,  26,  Sec.  31 

General  powers Sub.  50,  Sec.  31 

Gifts I 

Good  morals Sub.  13,  Sec.  31 

Grades Subs,  i,  5,  Sec.  31  and  102 

Gutter; Subs.  5,  18,  Sec.  31 

Hacks  and  hack  rates Sub.  21,  Sec.  31 

Harbor  map Sub.  31,  Sec.  31 

Harbor  and  water  front 71 

Harbor  improvement ". .    ..Sub.  31,  Sec.  31 

Health  Department 164 

(See  Board  of  Health,  Health  Oflice  and  Health  Officer.) 
Health  Office- 
Burial  permits 179,  180 

Council  to  provide  office 166 

Death  certificates 179 

Diseases  to  be  reported 172 

Mortality  records 178 

Health  Officer- 
Appointment  of.  .• 169 

Burial  permits 179,  180 

Compensation 169 

May  administer  oaths 184 

Quarantines 176,  177 

Qualificat'ons 169,  200 

Removal  permits 175 

Unhealthful  buildings 171 

Health,  public,  power  over  subjects  rel.iting  to..    ..Sub.  15,  Sec.  31 

Height  of  buildings Sub.  10,  Sec.  31 

High  School  course Sub.  22,  Sec.  H4 

Holidays,  Justice  Court  closed  on 59 


INDEX  TO  CHARTER.  413 

,  ^                       ,  Section 

Horse  troughs Sub.  3,  Sec.  .11 

Hospitals Subs.  6,  39,  Sec.  31 

House  of  Correction Sub.  45,  Sec.  .ji 

Houses  of  ill  fame Sub.  13,  Sec.  31 

Hydrants Sub.  26,  Sec.  31 

111  fame,  houses  of Sub.  13,  Sec.  31 

Illegal  demand 40 

Impounding  animals Sub.  16,  Sec.  31 

Improvements 71,  102,  104 

Improving  streets,  etc Sub.  i,  Sec.  31 

Improvement,  specific ' 23 

Industrial  training Sub.  23,  Sec.  1 14 

Inspection  of  improvements 104 

Intelligence  offices Sub.  24,  Sec.  31 

Investigations — 

Police  and  Fire  Departments 163 

School  Department Sub.  2,  Sec.   114 

Judge  of  Police  Court,  qualifications 200 

Judicial  Department 46,47,58,62 

Junk  Dealers Sub.  24,  Sec.  31 

Jurisdiction^ 

Of  Council  in  street  grade  matters 102 

Of  Justices  Courts 60 

Juvenile  offenders Sub.  45,  Sec.  31 

Justices  Courts 47,  59-62 

Accounts 61 

Jurisdiction 60 

Moneys  collected 61 

When  to  be  open 59 

Justices  of  the  Peace 59-62 

Justification  of  sureties 45 

Lands  for  public  buildings Sub.  40,  Sec.  31 

Lands  partly  outside  of  city,  assessment  of 13c) 

Landing  places Subs.  29-31,  Sec.  31 

Lanes,  opening,  etc Sub.  i.  Sec.  31 

Laundries Sub.  15,  Sec.  31 

Laying  out  streets Sub.  i.  Sec.  31 

Laying  tracks  on  streets Sub.  2&,  Sec.  Hi 

Leasing  city  property Sub.  47,  Sec.  31 

Lecture  rooms,  exits Sub.  22,  Sec.  31 

Legal  holidays.  Justice  Court  closed  on 59 

Legal  proceedings  in  name  of  city 35 

Levy  rate  and  limit  of 136 

Liabilities 1-4 

Libraries,  public 133 


414  INDEX  TO  CHARTER. 

Licenses —  Section 

Auditor  to  issue 40 

Power  of  Council  as  to Sub.  38,  Sec.  31 

Lighting  streets  and  buildings,  contracts  for 28 

Lights Subs.  3,  5,  17,  Sec.  31  and  71 

Limit,  certain  business Sub.  15,  Sec.  31 

Limit,  concessions  on  water  front Subs.  29,  30,  Sec.  31 

Limit,  period  of  franchise Sub.  37,  Sec.  31 

Loan  of  city  funds  to  bank 41 

Mains  (quality,  capacity,  location) Sub.  26,  Sec.  31 

Maintaining  City  Hospital Sub.  39,  Sec.  31 

Malfeasance  in  office  (see  "Misconduct") 33,  189,  190 

Manufactories Sub.  15,  Sec.  31 

Manufacture  of  explosives,  etc Sub.  14,  Sec.  31 

Map,  official loi 

Markets Sub.  6,  Sec.  31 

Map  of  harbor  improvements Sub.  31,  Sec.  31 

Mayor- 
Approval  of  bonds  (official) 45 

Approval  of  ordinances  by 21 

Clerk,  may  appoint 38 

Communications  and  recommendations  to  Council 33 

Duties  of 33,  35,  37.  63,  8b 

Expert,  may  appoint .33 

Legal  proceedings,  to  cause  when 35 

Public  institutions,  supervision  over 33 

Qualifications 37^200 

Riot,  may  suppress  by  police  force 33 

May  call  on  Governor  to  suppress 33 

Salary 44 

Suspend  officer,  when ;  . .     33 

Term  of  office 32 

Urgent  necessity,  fund  to  be  expended  under  direction  of 

Sub.  44,  Sec.  31 

Vacancies  in  office,  when  to  be  filled  by 202 

Vacancy  in  Mayorality,  how  filled 37 

Mechanical  appliances  in  streets Sub.  33,  Sec.  31 

Meetings.  Board  of  Works 6$ 

Meetings,  Council  (special) 36 

Member  of  Council  not  to  have  interest  in  contract 189 

Miscellaneous  provisions 185-208 

Misconduct- 
Employees,  Police  Department 162 

Employees,  Fire  Department 162 

Officers 86,  123,  189 

Mayor's  duty  in  reference  to 3.3 


INDEX  TO  CHARTER.  415 

Misdemeanor,  jurisdiction  of  Police  Courts  over 49 

Money  of  city — 

Where  kept .j 

Paid  into  Treasury ^ 

Counting  in  Treasury ,. 

Morals,  practices  against  good Sub    13    Sec    31 

Morgue "suh.  11'.  Sec  31 

Mortgage,  real  property j 

Municipal  licenses Sub.  38,  Sec.  31 

Naming  streets,  etc Sub.  3,  Sec.  31 

Navigation,  obstruction  to Sub.  9,  Sec.  31 

Necessity  (urgent)  fund Sub.  4,  Sec.  31 

Nitroglycerine Sub.  i.  Sec.  31 

Noises — cries,  advertising Sub.  3,  Sec.  31 

Notice — 

Posting ip7 

Publication jng 

Of  application  for  franchise Sub.  37,  Sec.  31 

Of  franchise Sub.  28.  Sec.  31 

Of  delivery  of  roll i^g 

Secretary  of  Board  of  Works  to  give 67 

Of  bids  for  work  or  supplies 185 

Of  sale  of  property 185 

Of  special  meetings  of  Council 36,  196 

Nuisance,  Council  to  declare Subs.  11,  48,  Sec.  31 

Nuisances  (parades  and  processions) Sub.  48,  Sec.  31 

Numbering  streets  and  houses Sub.  3  ,Sec.  31 

Oath,  official 43^  191^ 

Form  of  oath  of  office 43 

Who  may  administer — 

Auditor 40 

Board  of  Education 115 

Chairman  Council  Committee 17 

City  School  Superintendent 115 

President  of  Council 17 

Police  and  Fire  Commissioners 163 

Objections  of  Mayor — passing  bill  over 21,22 

Obstructions  in  aisles Sub.  22,  Sec.  31 

Obstructions  to  streets Sub.  28,  Sec.  31 

Occupations Subs.  13,  15,  Sec.  31 

Offensive  trades Subs.  13,  15.  Sec.  31 

Official  oath 43 

Official  bonds — 

Amount 45 

Approval  of J5 


4i6  INDEX  TO  CHARTER. 

Official  bonds— Continued.  Section 

Custody  of 45 

Drafting  of 46 

Effect  of  filing 195 

Official  conduct,  rules  for Sub.  36,  Sec.  31 

Office  hours 193 

Office- 
Limitation  on  creation  of 195 

Vacant,  when  deemed '. 188,  202 

Hours 193 

Officers- 
Accounts  of,  experting .}3 

Affidavit  before  receiving  salary 42 

Compensation  not  to  be  increased 201 

Elected  at  general  election 7 

Fees  and  charges Sub.  36,  Sec.  31 

Misconduct,  duty  of  Mayor 33 

Not  to  have  interest  in  contract 86.  123,  180 

Office  hours 193 

Other  office,  not  to  hold i8S 

Qualifications ..   ..200,  201 

Qualifying,  failure  to 202 

Removal  of 35,  188,  202 

Removal  from  city 20^4 

Rooms  for Svb.  17,  Sec.  31 

Suspension  by  Mayor 33 

Terms  of  office 199 

To  report  violation  of  contract  to  Mayor 35 

Opening  streets Sub.   i.  Sec.  31 

Ordinances- 
Approval  by  Mayor 21 

Council  to  act  by  ordinance  or  resolution 23 

Continued  in  force  from  adoption  of  Charter 207 

Council  to  act  by  ordmance  only,  when 23 

Council  may  pass  on  what  subjects 3^1,  107 

Classification  and  compilation  of 2& 

Enacting  clause 27 

Granting  franchise Sub.  28,  Sec.  3I 

One  subject  only  to  be  included  in 19 

Subjects  on  which  ordinances  may  be  enacted. Subs.  1-50,  Sec.  3t 

Streets,  sidewalks^  etc Subs,  i,  5.   Sec.  31.  87,  102 

Street  opening 90-96 

Signed  by  President  of  Council 21 

Title  of  ordinance. . 18,  19 

Violations — penalties Sub.  35,   Sec.  31 

When  to  take  eflfect 24 


INDEX  TO  CHARTER.  417 

Ordinances — Continued.  ^  ^. 

When  action  by  ordinance  only 23 

Papers — 

Compelling  production  of  papers,  records,  etc 16 

Filing  and  recording  of i^^ 

What  kept  by  Board  of  Public  Works 66,  6^ 

What  kept  by  City  Clerk 39 

Parades  and  processions Sub.  48,  Sec.  31 

Parks,  altering,  repairing,   etc.,  walks  in Sub.    i,   Sec.  31 

Parks,  acquiring  land  for  and  improving Sub.  40,   Sec.  31 

Passenger  depots Sub.  29,  Sec.  31 

Pavements  regulating Sub.  4,  Sec.  31 

Pawnbrokers Sub.  24.  Sec.  31 

Penalties Sub.  35,  Sec.  31 

Penalties,  violating  water  rate  ordinances Sub.  25,  Sec.  31 

Period  of  franchises Sub.  37,  Sec.  31 

Permits loS 

Petition  for  franchise Sub.  28,  Sec.  31 

Piers Sub.  7,  Sec.  31 

Pipes  in  streets Sub.  33,  Sec.  31 

Placards Sub.  3,  Sec.  31 

Plan  of  harbor  improvements Sub.  31.  Sec.  3t 

Plaza,  altering,  repairing,  etc.,  walks  in Sub.   i,  Sec.  31 

Poles,  telegraph  and  telephone Sub.  20.  Sec.  31 

Police  Court 47  and  note 

Police  detectives 44 

Policemen,  detail  of  as  Captains 44 

Police  and  Fire  Departments 150-163 

Board  of  Commissioners,  etc. — 
(See  "Board  of  Police  and  Fire  Commissioners.") 
Police  Department — 

Constituted  how 161 

Additional  employees 161 

Captains  of  Police 44 

Detectives 44 

Fines  for  misconduct l6a 

OflFicers  and  policemen,  number,  etc i6t 

Relief  Fund 162 

Salaries 44 

Special  policemen 155 

Salaries  of 15s 

Police  force  in  time  of  riot.  Mayor  to  call  on 33 

Police  Judge 7 

Police  regulations,  generally Sub.  50,  Sec.  31 

Police  telegraph — 

Maintenance Sub.  23,  Sec.  31 


4i8  INDEX  TO  CHARTER. 

Police  telegraph — Continued  Section 

Superintendent  of lOo 

Supplies  for 159 

Polluting  stream Sub.   19,  Sec.  31 

Posting  notices 197 

Pound Sub.  16,  Sec.  31 

Powder,  sale,  storage,  use Sub.  14,  Sec.  31 

Powers— 

Of  Board  of  Public  Works 

(See  "Board  of  Public  Works.") 

Of  Council Sub.  1-50,  Sec.  31 

Powers  and  duties  relative  to  revenue  and  taxation 137 

Posting  notices  (see  "Notice.") 197 

Pound,  Council  to  establish Sub.   i6,  Sec.  31 

Precincts,  election 8,  9 

President,  Board  of  Public  Works 64 

President,  Police  and  Fire  Commissioners 151 

President  of  Council — 

Election  of 15 

May  administer  oaths. . 17 

May  call  special  meetings 14 

Sign  ordinances 21 

To  act  as  Mayor,  when yj 

Printing,  public Sub.  17.  Sec.  31 

Private  sewers  and  drains 107,  no 

Privileges  on  water  front Sub.  30,   Sec.  31 

Prohibiting  certain  occupations Sub.  15,  Sec.  .■?! 

Property,  city  may  hold 1-3 

Proposals— 

For  work 78,  80 

For  supplies  and  materials 84 

Public  buildings 75 

Lands  for Sub.  40,  Sec.  31 

Public  comfort Sub.  15.  Sec.  31 

Public  halls,  entrance,  exit Sub.  22,  Sec.  31 

Public  health Sub.  15,  Sec.  31 

Public  work,  to  be  under  supervision  of  Board  of  Public  Works. .     70 
Publication  of  notice  of  application  for  franchise..    ..Sub.  37,  Sec.  31 

Public  institutions,  generally Sub.  6,  Sec.  31 

Public  order Sub.  13,  Sec.  31 

Public  places,  repair  of Sub.  7,  Sec.  31 

Public  safety ' Subs.  13,  15,  Sec.  31 

Public  uses,  lands  for Subs.  31,  40,  Sec.  31 

Pumps,  construction  and  rep.iir Sub.  26,  Sec.  31 

Public  works  (see  "'Board  of  Public  Works.") 

Board  created 63 


INDEX  TO  CHARTER. 

419 

Public  works-Continued-(see  "Board  of  Public  Works  ") 

Superintendent  of  Public  Works  "" 

Appointment 

Duties '  ^ 

Salary .....!.... 2 

Qualifications 

Term  of  office ' ' 

Publication—  "^ 

Notice  by  Board  of  Public  Works..  a^   -«   « 

Of  notice  how  made ;.'  .';    V   y   '^^'  '^'  ^\ 

Of  ordinances 

Public  libraries ^■^ 

Qualifications  of  officers..  ^^^ 

Qualifying  bvtakmg  oath..     199.200,201 

Quorum— ^^ 

Board  of  Public  Works f^ 

Board  of  Police  and  Fire  Commissioners.. i^^ 

Board  of  Education 

Council 

Rails,  character  and  quality  of '.'. Sub  ^7  '  sVr    \^, 

Railroads-  37,  bee.  31 

Danger  signals Sub.  27,  Sec.  31 

Steam  (see  "Steam  RaiIroads.'\) 

Horse c  t.         c^ 

rs  -5Ub.  27,  Sec.  u 

Crossmgs J.^ 

Terminal  facilities ".•'..'".■". .".' .Subs.  29.'30."  31, 'sec.'Vr 

Railway  engmes,  speed  of Sub   27   Sec   3- 

Railways,  franchise Sub.' 28,' Sec'  3^ 

Repairs  between  tracks Sub.  34.  Sec.   u 

Streets,  franchises  on Sub.  37,  Sec.  \i 

Rates,  carnage.. Sub.  21.  Sec.  m 

..f^ Subs.  21,  37,  Sec.  31 

Z^'^l'- Sub.  25.  Sec.  3T 

Street  railways Sub.  37,  Sec.  31 

Lighting ^g 

Taxation ti^ 

Reading  rooms 

Real  estate,  sale  for  taxes j.. 

Records- 
Board  of  Public  Works 65,  66,  6q 

Copies  of 192 

Duties  of  Clerk  as  to ,1 

Fees  for  copies jL, 

Inspection  by  public 102 

Inspection  by  Mayor ,, 

Redistricting  city  into  wards 25 


420  INDEX   TO   CHARTER. 

Section 
Reformation  of  juvenile  offenders Sub.  45,  Sec.  31 

Refusal  to  grant  franchise Sub.  37,  Sec.  31 

Register,  great. . 10 

Regulating  streets Sub.   i,  Sec.  31 

Rejecting  Demand  (Auditor) 40 

Rejecting  bids  for  franchise Sub.  ^7,  Sec.  Jl 

Relief  Fund  (Fire  Department) 162 

Redemption  of  bonds 135 

Repairs  to  schoolhouses 122 

Removal  of  officer  or  employee 35,203-206 

Repairing  streets,  walks,  etc Sub.  i,  Sec.  31 

Repair  of  cisterns,  hydrants,  fire  plugs,  etc Sub.  26,  Sec.  31 

Repair  between  tracks Sub.  34,  Sec.  31 

Report  of  Auditor 40 

Requisition  for  supplies,  by  Council.. Sub.  17,  Sec.  31 

Resolution  requiring  notice  of  application  for  franchise. Sub.  27,  Sec.  31 

Resolutions  and  orders  of  Board  of  Works  to  be  recorded..    ..     67 

Rewards,  for  conviction  of  forgers Sub.  43,  Sec.  31 

Revenue  and  Taxation 134-149 

Abstract  to  be  made  by  Assessor 139 

Assessor  to  complete  assessment  roll 138 

Assessment,  equalization,  sale  and  redemption  of  property.   137 

Auditor  to  transmit  estimates 134 

Basis  of  taxation 147 

Bonded  indebtedness  for  improvements 149 

Certificate  of  Assessor  attached  to  roll 138 

Council  may  extend  time  for  any  act 140 

Deficiencies 135 

Delivery  of  roll  to  City  Clerk 138 

Equalization 137 

Estimates  to  be  made  by  Auditor 134 

Fines  and  forfeitures I4i 

Lands  partly  without  the  city 139 

Levy  made c 136 

Notice  of  delivery  of  roll 138 

Papers  and  instruments,  filing  and  recording I4«; 

Powers  and  duties 137 

Rate  of  taxes  fixed '. 130 

Redemption  of  bonds 13S 

Sales  for  taxes,  real  estate 14- 

Separate  funds 135 

Statement 137 

Statement  of  State  Officer  or  Board I44 

"Subsequent  assessments" i47.  I4'*^ 

Tax  Collector  to  settle  with  Auditor 141 


INDEX  TO  CHARTER.  421 

Revenue  and  Taxation— Continued. 

Tax  Collector  to  pay  into  Treasury ^"Tm 

Tax  rate  of  previous  year  on  personal  property'  lo*  govern 

Assessor 

Transfer  of  funds /     '*. 

Rewards,  Council  may  ofifer  when.. S.ih    ^,"  «:V.  ^"^J 

Rights  and  liabilities..   ..  ^^'  ^''^^  ^' 

Riots ■  * • '"4 

Rules  and  regulations  (Board  of  Works) ....  . .   . .  . .   , .    ' 5J 

(Council) '  "  c   I  o" 

T>   ,  .         ^  .  ; oub.  49,  Sec.  71 

Rules  governing  official  conduct Sub  Te   Sec    \i 

Running  at  large,  animals '."sub:  16,' Sec.  ,, 

Safes,  for  city  funds •' 

Safety  switch  and  signal  system »* 

Safety,  public c   .     o"   ^  ^ 

Salary,  when  withheld..  V.  V.  V.  V.  '.".  '.'.  ';.  ":.  '  "  '''  '''  ^""-  '' 

Salaries,  schedule  of  official 44   6^ 

Additional  employees 

Affidavit  before  receiving .^ 

Councilmcn ;^  

Demands 

Employees,  Board  of  Public  Works  S 

Health  Officer '.'.".'.'. 16 

No  increase  of,  permissible ,    .. 201 

Schoolteachers c.,k   ^   c 

Withheld  when ^ 

Sales,  of  municipal  property— 

Power  in  Council  to  regulate Sub.  47.  Sec.  31  and  i 

1  o  be  by  public  auction ^y- 

Notice  of ' 

Of  school  property ■■..■■..'■. .' ". .' '.  [\]snh.  '^.'sec.  I14 

^ale  of  lost  or  unclaimed  property Sub   47   Sec    11 

Sale  of  taxes 

Sanitary  regulations,  generally..  [[  '.[  [[  ][  [[  [[  [[   '■  Sub.*  50V Sec.'., i 

bchool  books  for  indigent  pupils Sub.  17   Sec   114 

School  Census  Marshals Su^     '  g^^'  ^ 

School  buildings  (new)  (see  "Board  of  Education.") . .  . .  ..',,  . ,"  121 

School  Directors  (see  "Board  of  Education.") .*   u^ 

School  Fund  (see  "Board  of  Educatiqn.") 

School  libraries .  .Sub.  16,  Sec.  114 

School  Teachers — 

Employment  and  removal  of Sub.  2,  Sec.  IT4 

Suspension  of 

Salaries  to  be  fixed ,2 

Seal,  c#rporate 

Secfetary  Board  of  Public  Works '"  '"    . .  '  64 


422  INDEX  TO  CHARTER. 

Section 
Separate  funds,  Council  to  establish 135 

Sewers  and  drainage — 

Condemnation  for no,  iii 

Duties  of  Superintendent  of  Streets  as  to Ts 

Powers  of  Board  of  Public  Works  as  to 105-111 

Powers  of  Board  of  Health  as  to 167 

Powers  of  Council  as  to 

Subs.  4,  5,  18,  Sec.  31,  and  Sees.   105-107,   no,  in 

Sidewalks,  entrances  from Sub.  20,  Sec.  31 

Sidewalk,  interference  by  electric  appliances Sub.  2>?>,   Sec.  31 

Sidewalks,  straightening,  widening,  improving,  etc.... Sub.  i.  Sec.  3t 

Signs,  sign  posts,  awnings,  etc Sub.  3,  Sec.  31 

Signal  bells Sub.  33,  Sec.  31 

Signal  warning Sub.  27,  Sec.  31 

Sinks,  construction,  repair,  etc Sub.  18,  Sec.  31 

Shipping,  anchorage Sub.  9,  Sec.  31 

Shops,  railroads,  etc Sub.  29,  Sec.  31 

Slaughterhouses Sub.  15,  Sec.  3* 

Slips Sub.  7,  Sec.  31  and  Sees.  29,  30,  31 

Special  meetings 14,  36,  196 

Special  policemen Sub.  4,  Sec.  155 

Sprinkling ., Sub.  5,  Sec.  yx 

Specific  improvement 33 

Speed  of  railway  engines Sub.  27,  Sec.  31 

Stands  for  hacks Sub.  21,  Sec.  ffl 

Stationery,  for  public  use Sub.  17,  Sec.  31 

Steam  boilers Sub.  20,  Sec.  31 

Steam  railroads Subs.  28,  29,  Sec.  31 

Speed  of Sub.  27,  Sec.  31 

Franchises Subs.  28-32,  Sec.  31 

Interlocking  system  at  crossings 187 

Terminal  facilities  for Subs.  29,  30,  31,  Sec  31 

Franchise  district Sub.  29,  Sec.  31 

Steam  whistles Sub.  3,  Sec.  31 

Stolen  property,  sale  of Sub.  47,  Sec.  31 

Stools,  etc.,  in  aisles Sub.  22,  Sec.  31 

Storage  of  explosive,  etc Sub.  14,  Sec.  31 

Straightening  streets,  etc Sub.  i,  Sec.  31 

Stream,  pollution  of Sub.  19,  Sec.  31 

Street  railway  franchises Sub.  37,  Sec.  31 

Street,  between  railway  tracks Sub.  34,  Sec.  31 

Constructing  appliances  on Sub.  2,2,,  Sec.  31 

Crossing,  signal,  bells,  etc Sub.  27,  Sec.  31 

Elevated  and  underground  roads Sub.  29,  Sec.  31 

Opening,  laying  out,  etc Sub.  i.  Sec.  31 


INDEX  TO  CHARTER.  423 

Street,  between  railway  tracks— Continued 

Regulating *  <;  ,  „^^*="'»» 

c*      ^       .,        „         Sub.  3,  Sec.  31 

Streets,  sidewalks,  etc— 

Duties  of  Superintendent  of  Streets ..    .7,    iq. 

Improvements,  proceedings  for . .    .  .ioi'  103 

Improvements,  purchase  of  property  for. .        'no 

Ordinances  as  to Subs,   i,  5,  Sec."  31,  and'87'  102 

Openmgof.. Sub.  i.  Sec.  31  and  87 

Power  of  Council  over Sub.  i.  Sec.  31,  and  10^ 

Pavements,  regulation  of Sub.  5,  Sec.  31 

c.        Traffic  m Sub.  2,  Sec.  31 

btreet  Department  Fund,  forfeiture  to y, 

Street  grades  and  improvement 102    104 

Street  map ' 

c   u  •  . IOI 

subpoenas  in  certain  investigations ^c 

Superintendent  of  Public  Works,  powers  and  duties..   ..   ..    "   "     jl 

Succession 

Sue,  city's  right  to 

Superintendent  of  Streets- 
Appointment 

Duties,  powers  and  liabilities..    ..  ,,    ,„'. 

Salary ..."..'.'.'.'.'.".   .'    ' 

Term  of  office. 

Supplies  and  materials.. ..."  .Sub.' 17,  Sec' 31  and  "70.  84 

Contracts  for g_ 

Sureties  on  official  bonds '     '   [ .- 

Justification  of 

Qualifications  of .^ 

New  sureties ._ 

Suspension  of  officer 

;;;"""^"^^ ■".'.'.v.';.'.'.'.'.'.'.';.sub'i5.sec.3i 

laxation 

.  , 1.34 

Assessment  for .q 

Limit  of  rate j,q 

Taxes,  license,  collection  of ''   '"   *. !  Sub-  38.  Sec.  31 

Taxes,  sale  of  real  estate  for ,42 

Tax  Collector  (see  "Treasurer")— 

To  receive  licenses  from  Auditor 40 

Treasurer  is  ex-officio 4j 

Tax  levy ..'.'.'.".'.'.".".   .'.   .'.   ..'   136 

Teachers  (see  "School  Teachers.") 

Telegraph  appliances  in  streets Sub.  3;^,  Sec.  31 

Telegraph  posts Sub.  3,  Sec.  31 

Telegraph  and  telephone  poles  and  wires Sub.  20,  Sec.  jl 

Telegraph  and  telephone  wires Sub.  3,  Sec.  31 

Telegraph,  police Sub.  23,  Sec.  31  and' 159,  160 


424  INDEX  TO   CHARTER. 

Section 

Telegraph  wires Subs.  3,  20,  Sec.  31 

Terminal  facilities Subs.  29,  30,  31,  Sec.  31 

Theaters,  entrance  and  exit Sub.  22,  Sec.  31 

Time,  franchise  is  to  run Sub.  2,^,  Sec.  31 

Title  of  ordinance 19 

Tolls Sub.  8,  Sec.  31 

Traffic  in  streets,  regulating Sub.  2,  Sec.  31 

Transfer  of  funds 135 

Transportation  of  explosives^  etc Sub.    14,  Sec.  31 

Treasurer,  election  of 7 

Custody  of  city  moneys 41 

Council  to  provide  vaults  for 41 

Approval  of  City  Attorney's  bond  by 45 

Duties  and  powers 41,45,142 

Ex-Officio  Tax  Collector 41 

Qualifications 200 

Salary 44 

Treasury,  cash  to  be  counted 34 

Condition  of 40 

Fees  and  collections 42 

Fees  paid  into Sub.  36,  Sec.  31 

Warrants  on 40 

Trust,  city's  power  as  to i 

Trust,  confided  to  city Sub.  42,  Sec.  31 

Tubes  in  streets Sub.  33,  Sec.  31 

Two-thirds  vote,  when  required Sub.  28,  Sec.  31 

Underground  roads Sub.  29,  Sec.  31 

Urgent  Necessity  Fund.. Sub.  44,  Sec.  31 

Use  of  streets,  sidewalks,  etc Sub.  3,  Sec.  31 

Uses,  public i 

Vacancy  in  ofiice 37,202 

Filled  how 202 

Council  may  create 45 

When  exists..  • 188,202 

Mayoralty 37 

Vacated  office,  Council  may  declare 45 

Vacating  walks,  avenues,  etc Sub.  i,  Sec.  31 

Vaults Sub.  18,  Sec.  31 

Vaults  for  city  funds 4^ 

Vehicle,  rates  for Sub.  21,  Sec.  31 

Vehicles,  stand  for Sub.  21,  Sec.  31 

Vessels,  anchorage Subs.  9,  31,  Sec.  31 

Vessels,  dirt,  ballast,  refuse,  etc : Sub.  19,  Sec.  31 

Vested  rights  in  city  to  be  continued  under  Charter 2 

Veto  by  Mayor 21,22 


INDEX  TO  CHARTER.  425 

Veto  by  Mayor — Continued. 

.                ,  Section 

Ayes  and  noes  on 22 

Passing  bill  notwithstanding  veto |.     22 

Void  Franchise g^^ 

Voters,  registration  of \ jq 

Wards,  division  of  city  into 6   25 

Redistricting '2? 

Warehouses  on  water  front .Subs.^c^i/sec.  31 

Warning  signs  in  streets Sub.  33,  Sec.  31. 

Warrants,  drawing,  signing,  etc '  .,j 

Washhouses V.  '.'.  '.'.  V. Sub." 'isyScc.  31 

Water,  Council  to  provide Sub.  41,  Sec.  •^i 

Rates,  Council  to  fix Sub.  25,  Sec.  .31 

Rates,  amount  of  for  city  purposes Sec.  2'> 

For  public  buildings  and  places Sub.  26,  Sec.  31 

Pollution  of Sub.  19,  Sec.  31 

For  streets Sub.  5,  Sec.  31 

Water  front,  map  to  be  prepared Sub.  31,  Sec.  31 

Plans  of  improvement Sub.  31,  Sec.  31 

Use  of  by  corporations Sub.  29'  Sec.  31 

Water  pipes,  quality,  capacity,  location,  etc Sub   26'  Sec   31 

ZT\ Sub.  is;  Sec.' 3t 

Wharfage Sub.  8,  Sec.  31 

,^^arves Subs.  7,  29,  30,  31.  Sec.  31 

Wharves,  refuse  from Sub.  19,  Sec  31 

Whistles,  steam ' Sub.  3,  Sec.  31 

Widening,  streets Sub.  i.  Sec.  31 

Width  of  sidewalks  and  streets,  determining Sub.  i,  Sec.  31 

Wires,  in  or  over  streets Sub.  33,  Sec.  31 

Wires,  telegraph  and  telephone Subs.  3,  20,' Sec.  31 

Witness,  Council  may  compel  attendance  of 16 

Wooden  buildings Sub.  iorSec.  31 

Work,  contracts  for i3^ 

Workshops,  railroads,  etc Sub.  29,  Sec.  31 

Works,  regulation  of Sub.  15,  Sec.  31 


INDEX  TO  ORDINANCES. 


Note.— References  are  to  pages  of  this  volume. 


Acceptance  of  Improved  Streets jfg 

Accepted  Streets,   List  of ,........*.. JL 

Acrobatic  Performance,  License  fee jjo 

Adulterated  or  Unwholesome  Milk o.. 

Advertising—  

— On  Trees,  fences,  etc ^,- 

— On    Sideviralks ~o 

—By  Devices,  Transparencies,  Banners,  etc 325 

Advertising  Agents,  License  Fee i-^i 

Air,  Cubic  Feet  of  in  Sleeping  Rooms '.'......... ->26 

Air  Gun   "  . 

Aisles,    Obstacles    in \       ^' ^ 

Alameda  Bridge,  Regulating  Use  of \^i 

Animals— 

—City   Pound    „    • 

-Dead "^^^ 

274 

—Diseased   or   Disabled 246.   247,  248,  318,   319,   272 

—Meat  of   ', 

234 

144.    149 

275,    276 

318,   246,   247 

271 


232 

237 


—Driving  Through   Streets 

— Estrays 

— Glanders   

— Impounding    

—Keeping,    Regulating    

—Number    Per    Block 

— Sanitary    Condition    

—Killing  by   Poundmaster. . .' 27^ 

—Sales   of  by   Poundmaster 27'^ 

—Redemption  of  by  Owner 27^ 

—Stallions,  Bulls,  Jackasses,   etc %t 

— License    Fee    for    ^   ' 

—Untied   Animals   on   Streets ..j 

Annexed  Territory  Added  to  Second  Ward f ,- 

Anvils,    Discharging ^^^ 

Application  for  Liquor  License.  .• .....!!!  ^ j^ 

Artificial  Stone  Curb  (Specifications  for) 138 


428  INDEX  TO   ORDINANCES. 

Page 

Ashes   215,  258,  140 

Assayers,   License   Fee 121 

Assistant    Engineer    (Fire    Department) 106 

Assistant    Sanitary    Inspector 96 

Assocfated   Charities    ^4 

Astrologers,    License    Fee    .37 

Auctioneers,    License    Fee    118 

Auditor.    Form   of   Requisition 107 

— License    and    Tags iii 

— Free   License    114 

— Requisition    Blanks    107 

Awnings   162.    182,    183 

Badges,  License  to  be  Worn iiS,  117 

— Tax    Collector   to    Furnish 115 

Ball  Rooms,  License  Fee 120 

Ball    Playing    141 

Bankers,  License  Fee 117 

Banners    325 

Barns,  Lodging  in 320 

Bars,   Open   When 347 

Basalt    Blocks    (Specifications) 172 

Bathing  in  City  Limits 35  2 

Bay   Windows 139,    141 

Bets^   S^e   "Pools" 337 

Bicycles    20t 

Bill  Posting,  License  Fee 121 

Billiard  Tables,  License   Fee 118 

Bills   Against  City,  Verification  of 319 

Birds 314 

Births,    Reporting    239 

Bituminous    Walks    (Specifications) , 150,    157 

Bituminous  Paving  (Specifications) 176 

Blank  Licenses,   Auditor  to   Prepare in 

Block,   Defined   for  Certain    Purposes 127 

Board  of  Public  Works — 

— See    "Obstruction    of    Orders'.' 100 

— Permits — ■ 

— To  Burn   Rubbish   15  r 

— To  Dig  Street  or  Walk 152 

— To  Construct  Walk  or  Curb 159 

— For  Private  Sewer   165 

— For  Laying  Pipe,  etc 199 

— For  Metal  or  Wooden  Door 212 

— Secretary    of.    Salary , 99 

— Selling  Condemned  Material   102 


INDEX  TO  ORDINANCES.  429 

BOARD  OF  PUBLIC  WORKS— 

— bee     Supplies 
Board  of  Police  and  Fire  Commissioners— 

—Supervision  over  Saloons j ,0 

—Obstructing  Orders  of 100 

Board  of  Health— 
— Permits 
— See  "City  Physician" 

—Secretary   of   Board 

— Sanitary  Inspector  ^^ 

— Assistant   Sanitary   Inspector ^^ 

—See  "Plealth  Department" 

Boilers   (Steam)    

Bond- ^^^ 

—Application   to   Sell   Liquor j^^ 

—Same  Forfeited  When  ..*.'.,........   129 

—Construction  of  Sewer ^g- 

— License    Inspector    ^ 

— Plumbers    

• 250 

— Poundmaster    

—Sanitary  Inspector ^ 

Boats,   Dockage,   etc ";-■'     ,^ 

T-  \t      ,  264,    266 

—License  Numbers  on „-    ,,.    ,„ 

-License   Fee    . .  ^'    ^  '  ^ 

— On   Lake   Merritt 

Books  and  Stationery  for  Departments. .!........ "//.'. iqo     io7 

Bow  guns    ' 

Bowling  Alleys,   License   Fee...       ^^o 

Boys,  See  "Minors"  ' 

Boundaries,   of  Second   Ward , 

Boulevard,  Use   of ^^^ 

Bouleyard  Ordinances ^P 

Brass  Knuckles    ^  '^ 

Brick    Kilns    !.....!...... ^'^^ 

Bridge,   Protection  of ^^^ 

Brokers,   License  Fee. ,,,[[ "^"^^ 

Buildings—  "^ 

-Nunibering  ^^^^  ^^^^  ^80,  281,  283,  284,  285,  2S^ 

—General   Provisions  as  to ^o^ 

—Encroaching  on   Street  Line 

—In  Fire  Limits,  see  "Fire  Limits" ^^^ 

—Unfit  for  Habitation 

—Material   on   Street...       ^t* 

-Removal  of  . .  '  •  •  '4°-    ^^ 

Building  Material  on  Street" '  Light  on '  ^'^'  ^'' 

—Permit  to    Place.    .      '  ^^^ 

166 


430  INDEX  TO  ORDINANCES. 

Page 
Buffers,  see  Railroads 

Buggy,    Cleaning  on    Street 140 

Bulls 317 

— License   Fee    125 

— See  also  "Animals"  and  "Cattle" 

Bunkers    (Coal)    269 

Burials,    Permits   for 236 

— Contagious   Diseases    235 

Burning    Rubbish    151 

Canada    Thistle    35- 

Cannon.    Discharge    of 33^ 

Captain   of  Police    207 

To  Direct  Stands  of  Vehicles 144,  145 

Car,  License  Fee    ^ 124 

— See  also  Railroads 
Carriage,  see  "Vehicle" 

— Cleaning  in  Street   140 

— Standing  in  Street    140 

— Stands  for    , 145 

Catch   Basins    (Specifications) 183 

Cattle  in  Street 144,   I49.  271 

— See  "Animals" 

Cattle,  Number  on  Block 232 

Cellar  Doors  in  Sidewalks 141 

Cement  Walks  (Specifications)    356 

Cement  Curbs  (Specifications)    171 

Cess    Pools 227,    170 

Chairs,  etc.,  in  Aisles 341 

Changing  Tracks,  see  "Railroads" 

Charities.    Associated    24 

Chemical  Engine  Companies^  Fire  Department 91 

— Salaries   91 

Chimneys    e 218 

China    Bombs    348 

Chinese   Interpreter   103 

Chief  of  Police — 

— To  Report  Places  Where  Liquors  Sold 129 

— Suspension   of  for  Neglect i»;a 

— Order  of  Processions 140 

Cholera,  see  "Contagious  Diseases" 

Churches,  Egress,  etc 341 

Cigarettes  ^2'^j 

Circus.    License    Fee 1 19 

City    Engineer,    Duties 98 

— Fees  of   96,   99 


INDEX  TO  ORDINANCES.  431 

City  Hall— Seat  of  Government ^^^^ 

— Janitor   of    _ 

—Night  Watchman   of ^°^ 

City  Pound '.'.'.'.'.'.'.'.'..'. "^ 

— Poundmaster  Provided  for 07^ 

— Fees  of  ... . 

-Bond  of ;::;;::;;;;;:::::::::::::: '^"^ 

—Animals  Subject  to  be  Taken 272 

—Notice  of  Taking  Animal /[ 

—What  Animals  to  be  Destroyed 372 


-Veterinary  Surgeon  to  Examine  .Animal 


—Owner  Reclaiming 

-Dogs  Taken  to,  When .....'."'.' .' ' .' '  .".''.'.'.'.■■'.' ^'^'  ^^ 

—Selling  or  Killing  Animals 3' " "  ^^^ 

—Young  Dogs  Exempted  From 274 

—Animals,   Dead   on   Premises 274 

—Taken  by  Poundmaster,  When.............. 2-4 

—Failure  to  bury  on  Premises .....! '^. 

—Report   of  Poundmaster    j 

-Poundmaster  to   Notify   Captain   of "  Police  "Before  '  KiVlinR  ^^'"^ 

Animal    * 

City   Numberer    ^^^ 

City  Prison,  Passing  Liquors  Into' ! ! ^^ 

City  Supplies—  ^^^ 

-Contracts  for  (in  excess  of  $100)  by  Board  of  Public  Works  100 

— Requisition   for    

— Appi oved  by  Council,  When '', 

—Approved  by  Finance  Committee,  etc Jo! 

—Receiving  and  Weighing ' 

City  Physician  or  "Health  Officer"— ^"^^ 

— Duties   of 

—Inspection  of  Infected  Premises  by ^^'    ^^^ 

-Placards  on   Infected  Premises  by....'.'. _7^ 

—Quarantine  Established  bv  

-Salary   of    !.'.".'.'.".".' ^^^'   ^'^ 

—Sanitary  Inspector  Under  Orders  of ^1 

City   Wharfinger    ^^ 

—Bond  of 264 

City  Wharves—  ^» 

-City  Wharfinger,  Powers,   Duties,  Salary.  ^, 

—Damages  by  Vessel ^ 

—Dockage   Fees   \       '• ^ 

— License    Fee    ^^ 

— Rubbish  on    ^^^ 

—Steam  Engines  on,  Regulated......... $ 

209 


432  INDEX  TO   ORDINANCES. 

City  Wharves — Continued.  Page 

—Tolls   and   Fees    267 

— To  be  Kept  in  Good  Repair 23^ 

Claims  Against  City — 

— Requisition  to  be  Attached 107 

— Verification   of    319 

Clairvoyants.  Mediums,  etc  . , 119 

Clothes,  Cleaning  in  Streets .    140 

Coal  Bunkers    :2&9 

Coal  Oil,  Storage  of 34^ 

— Explosives  and  Combustibles  Generally 321,  326,  33H 

Cocaine  J31 

Combustible  Material  (Storage  of) 321,  326,  338,  340 

Concealed    Weapons 332 

Concert  Halls,   License  Fee 118 

Concrete — for  Curbing    1 58 

— For  Street  Work   (Specifications) 176,    iy«) 

Condemned  Material,  Sale  of 102 

Contagious  Diseases — 

— Physicians  to  Report  Cases  of 233 

— Typhus,  Yellow  Fever,  Asiatic  Cholera,  Small  Pox,  Diph- 
theria, Scarlatina,  Typhoid,  Malarial  Fever 233,  235 

— Householder  to  Report  Same 233 

— Dead  Body,  Bringing  Into  City 239 

— Deaths  From,  to  be  Reported 233 

— Immediate  Burial   235 

— Hospital  for 240 

— Quarantine   240,  242 

— Lower  Animals  Having 246 

— Fumigation   25^) 

Contract  for  Supplies 100 

Corporation  Yard 108,    103 

— Keeper 103 

Corpses  239,  235.  236 

Corrugated   Iron    (Fire   Limits) 224 

Coupon,   on   Sale  of  Goods 346 

Courts,  Supplies  for 107 

Cows— 

— Number  of  Per  Block 232 

— Sanitary  Conditions  Where  Kept 237,  247 

— Impure  or  Diluted  Milk 247 

— Running  at  Large 271 

— Driving  Through  Streets I4t3 

— Staked  Out  in  Certain  "Places 149,  272 

Cream,  Impure,  etc 247 

Crosswalks  (Specifications)   173,   174 


INDEX  TO  ORDINANCES.  433 

Crosswalks  (Specifications) — Continued.  Page 

— Obstructing  i,^  c 

Crowds  in  Streets,  to  "Move  On" 142 

"Cubic  Air   Ordinance" 226 

Culverts  (Specifications)    X72,  173 

Curbs  (Specifications)  156,  170 

— Granite   Within    Fire  Limits I5g 

"Curfew"  Ordinance    3->4 

Dairies— 

— Selling  Impure  or  Diluted  Milk 247 

— Registry  at  Health  Office 248 

— "Skimmed   Milk"    248 

— Diseased  Cows,   Milk  From 24S 

— Right  of  Inspection 248 

— Analysis  of  Milk 240 

— Employes  With  Contagious  Disease 24Q 

— Inspector  of  Milk,  etc.,  Duties,  Salary 255 

Dance  Houses   ^i^ 

— License    Fee    ^ 120 

Dead  Animals 27' 

Dead  Bodies— 

— Burial,  Immediate,  When 23;^ 

— Burial,    Permits   for 236 

—Contagious  Disease,  Body  Brought  Into  City 239 

—Transporting  Foreign  Dead  Bcdy  Through  Streets.  Permit 

^or 2  j6 

Dedication  of  Streets  (Acceptance  of) 137 

Defacing  Walks,  Fences,  etc.,  for  Advertising 325,  3.^8 

Demands  Against  City— 

—To  be  Accompanied  by  Requisition 107 

— Verification  of ^ig 

Deposit  of  Ashes 215  ,2^8,  14J 

—On  Construction  of  Walks  and  Curbs .'  i5g 

— On  Construction  of  Private  Sewer 165 

—By  Companies  Using  Poles igg 

—On  Digging  Up  Street  or  Walk 152,  154 

—On  Laying  Gas,  Water,  etc.,  Pipes .'  195 

—On   Refilling  Excavations 200 

Detectives ^. 

_ .      .       ^  20-; 

Diggmg  Roadway  or  Walk i  =2,  15 4 

Diphtheria,  see  "Contagious  Diseases"— 

Disabled  Horses  at  Large ^,8^  ^^^ 

Discharge  of  Cannon 


— Of  Firearms 

— Of  Fireworks   

— Of  Firearms  by  Minor. 


33.i 
331 
33'\ 


434  INDEX   TO   ORDINANCES. 

Page 

Diseases,  see  "Contagious  Diseases" — 

Diseased  Animals 246,  272,  318,  319 

— Anthrax 246 

— Glanders 318,  246 

— Farcy,  Foot  and  Mouth  Disease 246 

— Hydrophobia 

— Pleuro-Pneumonia 246 

— Tuberculosis,  Texas  Fever 246 

— Poundmaster  to  Kill^  When 272 

— Worn  Out  or  Diseased  Not  to  be  at  Large 3ivl 

— Actinomycosis 246 

— Veterinary  Surgeon  to  Report  Cases  of 246 

Disinfection 259 

Dockage,  Generally  264-266 

— Fees,  Tolls  266 

Docks    264-266 

—Rates,  Tolls,  etc 266 

— How  Kept  in  Repair 336 

— License  Fee 133 

Do^s — 

— At  Large 273 

— Impounding 273 

— License  Fee I2t 

— Licensing 109,  112 

— Register  of 109 

— Vicious  to  be  Killed 1 09,  110 

— Young  Dogs  Exempted 274 

Dog  Tags— 

— Auditor  to  Prepare in 

— Tax  Collector  to  Procure 109 

— Tax    Collector   to    Register 109 

Doors,  in  Fire  Limits 212 

— In  Public  Buildings 219 

Doorstep  on  Street 139 

Drains  and  Sewers,  Drainage  and  Plumbing  of  Buildings 

228,  229,  249,  260 

— Emptying  on  Streets  Prohibited 228 

— Inspection  of  Work 250,  251,  252,  261 

— Plans  and  Drawings 229   250,  254 

— Rules   Governing   Laying  of 250-254 

— Specifications 250 

— Work  Condemned 254 

— Material,  Quality  of 250 

— Street  Connection   250 

— Private    Sewer    Connection 250 


INDEX  TO   ORDINANCES.  435 

Drains  and  Sewers — Continued.  p 

— Crossing    Lots    Forbidden 250 

—Joints  ..    250,  261 

— Connections    251,  252 

—Packing   3-1 

— Cesspools    '. 2!^L 

— Permit  for  Connecting  with  Public  Sewer 25  c 

—Testing    251,    254 

— Covering    Up    2"  1 

— House    Drain 251     260 

— Cleanouts    251,  261 

""Trap 251,   252,   253,   254 

— Flue  of  Brick,  etc.,  as  Ventilator 252 

— "T's"   Forbidden,   When    252 

—Soil   Pipe 252.   253,   254.   261 

—Waste  Pipes  252,  253,  254,  261 

-Vent  Pipe 252.  253.  254.  261 

— Coating  Pipe,  etc 252 

— Air   Pipes    •  2-2 

— Water    Closets 253,    2bi 

— Hoppers    25^ 

— Steam    Exhaust    254 

—Certificate  by  Contractor  as  to  Plumbing,  etc 254 

— Final    Inspection    ^ 254 

—Surface   Drainage  of  Cellar 254 

—"Repairs"    254!  261 

—Building  Moved  or  New  Plumbing  in  Old  Building. .  .254,  261 

— Condemned    Building    254 

—Galvanized  Wrought  Iron  Instead  of  Castiron 254 

Draw  Bridges,  Crossing  of— 

—Gates  at  Approach  to  Webster  and  Alice  Street  Bridges..  305 

—Train  to  Come  to  Full  Stop 303 

Dray,   License   Fee j20    lit 

Dress,    of   Opposite    Sex 


322 

ent on    fiT 

Driving  Cattle  in   Streets 


Drivers  in   Fire    Department go.   91     f,j 


I4J 

Dnvmg  Recklessly    j^g 

— Through    Procession    j^^ 

— On   Alameda   Bridge    y.r 

Druggists,  Sale  of  Liquor  by "  !  "  !   130 

Drunkenness    

Ducks  and  Geese   272 

Dummies  (Street  Car)  to  Have  Guards.  ^^..^....^.^...^..  299 

Dyers,    License    Fee    12' 

Dynamite,   etc   o 


436  INDEX  TO   ORDINANCES. 

Page 

Egress,    From   Theaters,   etc 341 

Electric   Light   Companies,    License    Fee 122 

Electric   Car   Lines,    Guards   Required 299 

— Trolley  Guards 302 

Engineers,  see  Fire  Department 

Engineer  City,   Duties    98 

— Fees 96,  99 

Entrance    to    Theaters,    etc 341 

Estray  Animals    275,  276 

Excavations   for   Pipes,   Sewers,   etc 184 

— Refilling 199,    170 

— Lights  to  Guard 141 ,   170 

Exhibition  of  Goods  on  Walk 715 

Exits  From   Buildings    341 

Explosives    . .     338,    348 

Express   Companies,    License   Fee 120 

Express   Wagon,    License   Fee 120,    121 

Extramen    (Fire    Department)    91 

False    Alarms    214 

Fares,  see  "Railroads" —         * 

Fast    Driving    168 

Fees— 

— For  License  Badge    115 

— Dockage    266 

City  Numberer  (Superintendent  of  Streets) 282 

— City   Engineer    96,  99 

— Poundmaster    273 

Fence^    Encroachment    on    Street 139 

Fermented  Liquors,  see  "'Intoxicating  Liquors" — 
Filth  and  Rubbish — 

— Burning   in   Street    151 

— Depositing  on   Street    (Sewage,   etc) 228 

— Garbage  and   Swill    Carts 245,   246 

— Throwing   Into    Street    140,   228 

Filthy    Water 237.    238,    261 

Fire  Alarms,   false    214 

Fire  Alarm  and  Police  Telegraph 88,  213 

— Salary  of   Superintendent    88 

Fire  Apparatus,   Right   of  Way   of 210 

Firearms— 

— Permits    to    Carry    333 

— Regulating   Discharge    of    ; 333 

— Use  of  by  Minors   334 

Fire  Department — 

— Chemical    Companies    91 


INDEX  TO   ORDINANCES.  437 

Fire  Department— Continued.  Page ' 

— Drivers   90,  ql^  92 

— Engineers    90,   92 

— Exlramen    91,    92 

— Fire  Warden    91,   92 

—  Fire  Warden    106 

— First    Assistant    Engineer ...    106 

— Foreman 91,   92 

— Hydrants 209,  210 

— Second  Assistant  Engineer   90,  96 

— Stewards 90,   93 

— Stokers    90,    92 

— Tillerman    90,   92 

iMre    Escape    213 

Fire  Hydrants — 

— Tampering   With    209 

— Obstructing   View   of    .^.  210 

Fire    Limits,    Defined    221 

— Building  Within   Regulated    216 

— Iron  Doors  Within    212 

— Laundries   Within    .' 220 

— Meeting  and   Passing   of   Cars   Within 294 

— Permits  From  Council  to  Erect  Frame  Structure  Within..  220 

— Permission  of  Property  Owners  for  Removal  Within 219 

— Removal   From  Without   Into 219.   220,  223 

— Removals   Within    210 

— Steam   Boilers   Within 223 

— Wooden    Buildings    Within    Prohibited 222 

Fires— 

—Regulations  to  be   Observed  at 210 

Fire  Warden    106 

Fireworks — 

— China  Bombs,  etc    348 

— Discharge    of    ;^^^ 

—Storage    of    338 

Fish,  Cleaning  in  Street    140 

Flagmen — 

— On   Street    Railway    Lines .295,    305 

— On  Steam  Railway  Lines 293.  301.  30} 

Flush   Tanks   (Specifications)    183 

Flyers,  Advertising  by   Distributing 325 

Foreman,   see  "Fire   Department" 91,'  y2 

Forfeiture  of  License    ,28.    129 

Fortune  Tellers,   License  Fee n,) 

I.  Frame  Buildings  in    Fire  Limits 220,   222 

,  Franchises,   Index  to    37  ^ 


438  INDEX  TO  ORDINANCES. 

Page 

Free  License   1 1 4 

Fruit,  Unwholesome    255,   256 

Fuel,    etc.,    for    Departments 107 

Fumigation    259 

Funerals — 

— Driving   Through    Funeral    Processions 140 

— In  Case  of  Contagious  Disease 235 

Fuel,  Purchase  of  for  City  Regulated 107 

Furniture,    Purchase   of  for   City   Regulated 107 

Garbage — 

— Discharging  Into  Sewer   243 

— Forbidding  Persons,   Generally,  From  Gathering 259 

— Hours  Within  Which  Gathering  Forbidden 245 

— Separatmg    Ashes    From 258 

— Wagons  Hauling  Same  to  be  Covered,  etc .- 24.'5 

Garaens  (Public)   License  Fee 125 

Gas   Companies    (License   Fee)    122 

Gas    Pipes    I99.    200 

Gates  at   Drawbridge    305 

Geese   and    Ducks    27- 

Glass   on  Walks  and  Streets I97 

Glanders 318.  246,  2  47 

Goats,   at   Large    144,   272 

— On    Streets   and   Walks 149,    272 

— Kept   in    Sanitary   Manner 237 

Goods   on   Sidewalk 142 

Grade  Ordinances,  Index  to 359 

Grading   (Specifications)    i6f) 

Grass   on  Walks    19.2 

Guard  Wires,   on   Electric  Lines 302 

Guns,  Firearms — 

— Permit   to   carry    , 333 

— Regulating    Discharge   of    333 

— Use  of  by   Minors 334 

Gunpowder,  etc.,  see  Combustible  Material 338 

Gutters    (Specifications)    171 

Hackney  Carriages — 

— Lamps  on 131,   132 

— License    115,    1 20 

— Number  on    115,    131,   132 

— Standing   144 

Halls,    Public,    Egress,   etc 341 

Hats  in   Theatres    353 

Hay,    Straw,    etc    (Storage) 321.    326 


INDEX  TO  ORDINANCES,  439 

Health  Department—  ^^^ 

—Air    (Cubic    Feet   of) 226 

—Ashes   2I5,"  258 

—Buildings   Unfit   for   Habitation [  244 

—Burials,    Funerals,    etc    235,*  236 

—Cattle    (Number  per  Block,   etc) 232'  237 

—Cesspools   and   Privy  Vaults 227,'  251 

—Contagious  Diseases 233,  235,  239,  240,  242,  246,  247 

-^^'"^s    247,    255 

-Dead    Bodies 23.     236,    23^ 

-^'^'^^ 228.  229.  243,  249,  260 

—Drugs,    Opium,    etc    230 

—Fumigation *   250 

-Garbage,    Swill,    etc .....'..'*.'.'.'.'.'."  .'245,'  259 

-Health  Officer ,. 93,  g^^  ^^^  242 

-H°-^P^t^l 240 

— Inspector    o    2-  - 

—Lake   Merritt,   Sewering   Into '238 

—Meats  and  Provisions 234,  255*  265 

— Milk   Unwholesome,   etc .'.247'  2" 

— Nuisance '      ~. 

-r,        .      r      _, 201 

—Permits  for  Burial  or  Removal  of  Dead  Bodies 236 

—For  Removal  of  Patients  Having  Contagious  Disease...    ..'  241 

-Placarding   by ,  . .  242,   244 

—Plans  for  Drainage  and  Plumbing 220 

—Plumbing  and  Sewerage 249,  260 

—Plumbers    (Registration,    etc)     ""      '   ^-^g 

-Quarantine    ..!!.":"."  "240,'  242 

—Report  by  Health  Officer  of  List  of  Plumbers 229 

— Rubbish    <> 

-Sanitary  Inspector    ".'.'.'.'.'.'.".'.".".!  ;'.".■.■.■.■.■.■.■.  248.'  249 

—Sewers    and    Sewering    24  ? 

^Stagnant    Water    ^^ '^ ' '^ " ' ' '  ";;;;;;;;238,'  261 

— Vaccination    o 

-Veterinary    Surgeon    '.^'.'.y/.'.''.'.'.[[[[['.['.'.[[[['.'.246^Z7 

Heavy  Doors  Forbidden  in  Fire  Limits 21^ 

Hides,   Keeping  or  Tanning  Forbidden 3x6 

Hitching  Horses,  etc.,  on  Streets „, 

Hogs,   at   Large    "^"^ 

—To  be  Kept  in  Sanitary  Condition 237 

Horses—  

—At   Large    271 

-Diseased  or  Disabled 246,'  3i'8,'3'i9.*  272 

— Estrays     

-^^""^^"■^    ''.'.'.'.3^8^246 


4^  INDEX  TO  ORDINANCES. 

Horses — Continued.  Page 

— Impounding   271 

— Killing  by   Poundmaster   273 

— Leaving    on    Street    Unhitched 331 

— Sanitary    Conditions    237 

— Selling  by   Poundmaster    273 

— Redemption    by    Owner    273 

—Stallions    3^7 

— License  Fee   125 

— Untied    on    Street 33^ 

— Veterinary  Surgeon,  to  Inspect  City's  Horses 255 

Hospital    for    Contagious    Diseases 240 

Houses,    Extending   Into   Sidewalks 139 

—Of   111    Fame    334 

Hydrants    (Fire)     209,    260 

111    Fame,    Houses    of 334 

Impersonation,  of  Officers    3'-^ 

— Of    Opposite    Sex    322 

Ingress  and  Egress,  Means  of.  From  Public  Buildings 341 

Inspection    of   Diseased  Animals 255 

— Of  Meats,   Milk,  etc 255 

— Of  Drains,  Sewers,  Plumbing 250-252,  261 

— Of    Pawnbroker's    Register    336 

— Of    Saloons    129 

Inspector  of  Markets,  Meat  and  Milk,  see  "Veterinary  Surgeon" 

— Access  to  Places  Where  Milk  is  Kept 248 

— Duties,    Salary,    etc    255 

— To  Give  Notice  of  Diseased  Co 248 

Inspector,  Sanitary — 

— Duties,    Salary,    etc 95 

— Shall  Have  Access  to  Places  Where  Milk,  etc.,  is  Kept 248 

Inspector,    License    90 

— Bond    of    90 

— Police    Officers   Are   Assistant   Inspectors i  [4 

— Powers  and  Duties    , 89,    113 

Insurance  Agents,    License   Fee 119 

Intelligence   Offices,   License   Fee 118 

Interpreter,    Chinese   for   Police   Court 103 

Intoxicated   Person,   Liquor  to 128,    129 

Intoxicating  Liquors — 

—Generally    126,   131,   347 

— License    Fee    130 

— Passing  Into  City  Prison 322 

Iron  Doors  in  Fire  Limits  Forbidden j^ 212 

Iron  in  Buildings  Within   Fire  Limits 224 

— Corrugated    or    Sheet    Iron 224 


INDEX  TO  ORDINANCES.  441 

Jacks  and  Jackasses —  *** 

— License    Fee    ^  -^, 

—Staked    Out   or  at   Large ^17 

Janitor    City    Hall    ^..........w' 

Job   Wagon 146 

Keeper,    Corporation   Yard    

Keepers   of   Parks    

—Are    Special    Police    Officers loi 

Kerosene,   see  Also    "Combustible    Materials  ,10 

Kites,    Flying   of    '.'.'.'..'.'.'. ^Ti 

Lake    Merritt,    Sewerage    Into 237 

— Boats  on   

—Bathing  in ^- 

Lamps    on    Carriages ^^ 

Lamp    Holes    (Specifications) iSi 

Laundries,    License    Fee    

—Within   Fire   Limits oij 

Lecture  Halls,  Means  of  Exit 'ui 

—Chairs    in    Aisles,    etc * "    ' 

License 

.     ,.  ■ 110-125 

— Auditor   to    Prepare    

— Badges    

— Benevolent   Objects    . .  ' 

—Bulls "'^ 

125 

—Conviction    Does    Not    Exempt 

-Dogs    '.'.'.'.'.'.'.'.'.'.'.'.'..'. I 

— Evidence    in    Case 

— Exhibiting 

°  H2 

— Free,    When    , 

— Jacks    ^ 

— Liquor  License ^    '^ 

-Bond '^^-'^' 

—Rate   of    '"' ^^^ 

—Money   Paid  Treasurer ^^^ 

—Not   Assignable "'^ 

—Payable,    How   and    Where...  "f 

—Peddlers    '"■ ^^ 

— Defined    ....  - 

—Penalty    ..    ..  "^ 

D  V  T HI,  in 

— iohcemen   are  Inspectors  of..., 

—Procured   When    []] ""* 

—"Quarter"    Defined    .. "' 

-Rates    .'.".'.".■.'.■.■ '^"^ 

—Record  of.  Tax  Collector  to  Keep .'.'.'.'..' '.'."." '. ^'^  m 

—Revocation    of   Liquor   License 120 


448  INDEX  TO   ORDINANCES. 

Iviceuse — Continued.  Page 

— "Runner"    Defined    Ii6 

— "Solicitor,"  "Soliciting  Agent"    Ii6 

— Stallions    125 

— Sworn  Statement  of  Tax  Collector 1x3 

— Tax  Collector,  Duties  as  to in,  113 

— Telegraph  and  Telephone  Poles 189 

— Term    112,    117 

— Wharves    , 13,} 

— When    Paid    112 

— Who    to    Pay    IID 

License    Committee    128 

Licensing    Dogs    109,    1 12 

License  Inspector — 

— Bond   of    90 

— Police   Officers   are  Assistant   Inspectors 114 

— Powers  and  Duties   89 

— Powers  and  Duties  of  License  Officers  Generally 11.3 

— Salary    89 

License,  of  Sale  of  Liquors,  see  "License" 126,  131 

— Bond    ; 127 

— Rate  of    130 

License  Officers,  Powers  and  Duties 113,  129 

Lights  at  Excavations,  etc 141,  170,  171 

Lights  on  Vehicles   131 

Lines  of  Certain  Streets  Established,  List  of 138 

— Twelfth  Street,  Fallon  to  First  avenue 167 

Liquor  Ordinance   126-131 

Liquors   in    City   Prison 322 

Liquor   Saloons,  License  Fee 130 

— Open  When   347 

— Regulating    126-131 

Livery    Stables,    License    Fee 198 

Lodging   in    Barns,   etc 320 

Lost  Animals 275-276 

Lottery    344,    345 

Lumber  Dealers,   License   Fee 124 

Macadam    (Specifications)    174-175 

Malarial    Fever    233,    235 

Malt  Liquors,  see  "Intoxicating  Liquors" 

Manholes    (Specifications)    183 

Xfanure    245 

Maps,    Surveys,    etc    99 

Markets,    Condition    of    234-235 


INDEX   TO   ORDINANCES.  443 

Markets — Coutinued.  _ 

— Inspector   of    215- 

Market  Inspector — 

—Access  to  Places  Where  Milk  Kept 248 

— Duties    and    Salary   of. 255 

— To   Give   Notice  of  Diseased  Animal 248 

Mayor — 

— Permit  by  to  Carry  Weapon 332 

—Permit    by    to    Drive    Cattle 144 

— Approval   of   Requisition   by... 107 

Meat — 

— Cleaning  in   Street 140 

— Unvkfholesome    234 

— Inspector   of    .' 255 

— Freshly  Slaughtered , 263 

Mediums,   License   Fee    1  if) 

Meetings    on    Streets    202 

Menageries,  License  Fee ixg 

Messenger  Service,   License  Fee 1 22 

Midwife    23Q 

Milk—  ■ 

— Adulterated    or    Unwholesome 247 

— Inspector  of  255 

Milch  Cows,  see  "Cows" 

Minors,    Boating    on    Lake    Merritt 354 

— Cigarettes 326 

— Firearms 33  ^ 

—Liquors   326,   128,  129 

— Steam  Cars  323,  343 

— Street   Cars 343 

Streets   at   Night    324 

Monument  Street  ptj 

Morphine    231 

"Move  On"  Ordinance  143 

Mules,    at   Large 271 

— Disabled  or  Worn  Out 349 

—Not  to  be  Left  Unhitched 331 

— See  also  "Animals" 

Municipal    Licenses 1 10-125,    126-131 

Municipal    License    Committee    12S 

Musicians,   Street,   License   Fee 125 

Names  of  Streets   Changed ." 134-137 

—Posted 194 

Nauseous  Substances   , 23S 


444  INDEX  TO  ORDINANCES. 

P«gr 

Night  Watchman    (City  Hall) 104 

Nitro    Glycerine,    Powder,    etc 338 

Notice  by  Superintendent  of  Streets — 

—To    Repair   Walk    147-148 

— Of  Digging  Up  Street 154 

Nuisance— 

— Certain  Things  Declared   261 ,  316 

— Hides,    Tanning   of    316 

— On  Streets    140,   162.  238 

— Suppression   of   316 

— Slaughter   Houses    316 

Numbering  Buildings 277,  279,  280,  281,  283.  284,  285,  288 

— General  Provisions   282 

Obstacles  in  Aisles    341 

Obstructing  Fire   Apparatus    210-21 1 

— Fire   Hydrant    210 

— Orders 100 

— Street  or  Walk  (see  "Sidewalks") 142 

— By  Crowd  ("Move  On") *.  142 

— Building   Material,   etc.,   on 166 

— Building  Material,   etc.,   on 166 

— Weeds,   Grass,  etc    192 

Obstructions  in  Buildings  (Egress,  etc) ; 211 

Offal    245,  140 

Offensive  Substances    238 

Offensive  Trades    316 

Offices    (Where    Located)    87 

Officers,    Impersonation    of    32S 

Opening  of  Streets,  List  of  Ordinances 369 

Open  Trenches,   Lights  Near  at   Night 141 

Opium,    Sale    Regulated    230 

— Dens    323 

— City   Prison    328 

Order  Agents — 

— Defined    116 

— License    Fee    123 

Paper  Thrown  Into   Streets 140 

Parks.  Where   Admission  Charged,   License  Fee 125 

— Keepers.    Salaries    I0[ 

— Keepers  to   Have  Powers  of  Special  Police  Officers loi 

— Protection    of    . .    " 349 

Party  Walls,  in  Fire  Limits 216 

Paving,    Bituminous    (Specifications)    176 


INDEX  TO  ORDINANCES.  445 

Paving— Coutinued. 

—Generally,   see   "Streets"    i^g 

Pawnbrokers,    License   Fee    , ng 

—Register  of , ^^ 

Peddlers,   Defined    ,,<     „, 

— l<ree  License   ^  jj^ 

— License    Fee    j2, 

—On   Certain  Streets   Forbidden 116,    163.    164 

—Standing   on   Streets   or   Walks 1^7 

— To  Exhibit   License    j  j , 

—Who    Not    Deemed    j  i5 

Permit,  by  Board  of  Works— 

—Building  Material   on   Street 166 

—Construction   Curb   or   Walk 159 

—Connecting   With    Public    Sewer 165 

—Burning   Rubbish    l-i 

—Burials    2^^ 

—Digging,    Street   or    Walk * 15-. 

—Laying   Pipe,   etc    jgg 

—Metal    or   Wooden    Door 2ti^ 

—Plumbing    251 

— Private   Sewers    j^e 

— Removal    of    Building jgo 

—Removal  of  Dead.  Body ^,n 

-Sewermg    251,    165 

—Street  Work  by  Private  Contract 168,  385 

—Trespassing   on   Sidewalk  by  Building '.   141 

Pesthouse ^^„ 

.  .  ^4'j 

Petition   for  Saloon   License 128 

Petroleum,  see   "Combustible   Materials" ]  340 

Physician,    see   "City    Physician" g3 

li'^^''---: - '.\'.''.'.'.':. .'.256, 257 

Piedmont  Sanitary   District   ,co 

Piers,   see   "Wharves" 

Pile   Drivers,   License   Fee 124 

Pipes,    Laying,    etc    ' 'I'gp'  200 

Pipes,    Sewers    (Specifications)     183 

Pistols,  see  "Firearms" — 

—Permit  to  Carry  3^^ 

—Regulating   Discharge   of    ,. ; ^^^ 

— Use  of  by  Minors 3^  I 

Placarding  by   Health   Department 244.   2^ 

Plans   and   Specifications    (Plumbing) 250 

Plumbers,   Registration    229,   250 


446  INDEX  TO   ORDINANCES. 


Page 

Plumbing  and  Sewerage 249,  266 

Police  Court,  see  "Chinese  Interpreter" 

Police   Force,  Additional  Men 204,   205,  207 

Policeman's    Whistle    316 

Police  Officers — ■ 

— Additional   Men    204,  205,  207 

— Are   Assistant    Inspectors    114,    115 

— Chief  to   Report   Saloons 129 

— Captain    of    Police    207 

— Inspectors  of  Licenses  at  Saloons 129 

— Keepers  of  Parks  to  Have  Powers  of lot 

— License  Inspector  to  Have  Powers  of 89 

— Powers  and  Duties  as  to  Liquor  Ordinance 129,  130 

— Processions,   Duties   at    140 

^       — Removal  of   130 

— Sergeant  of   Police   206 

Police   Telegraph,   Superintendent   of 8S 

— Provisions    as    to 213 

Pool    Tables,    License   Fee 118 

Pools   and   Pool   Tickets ,. . .  337 

Porches   on   Street    139 

Pound  and  Poundmaster — 

— Bond 271,  272 

— Powers  and   Duties  Generally. 271-274 

— Fees 273,    274 

— Duties  of  Persons  Taking  Up  Estray  Animal 275-27O 

— Sales  by  Poundmaster    273 

— Killing  of  Animal  by  Poundmaster 273 

— Redemption   by   Owner    273-274 

— Rescue    From    Poundmaster 275 

— Report   of   Poundmaster    275 

Powder,   Dynamite,  etc.,  see  Combustible   Materials 338,  348 

Powder   Magazines    (License    Fee) 120 

Prescriptions   130,  230 

'       — For  Liquors    130 

President  of  Council,  Approval  of  Requisition  by 107 

Prison,    City,    Liquors    in 322 

— Opium   in    2fi}i 

Private  Contracts  for  Street  Work. 385 

— Permits    for    168 

Private    Sewers    (Specifications)     I9S 

' "     — Permits  for 165 

— Constructed   How    . .    - 163 


INDEX  TO  ORDINANCES.  ..: 

"Privy  Vaufts ,  ^^«« 

t^rize,  on  Sales,  etc /. ^^^ 

procession,    Driving   Through,   etc '^^^ 

Profanity   "■ •••   ^^o 

Proposals,  How  Made k     "^^^ 

Prostitution,    Houses   of ^"^ 

Provisions,    Unwholesome    ^^'^ 

Public   Halls,   Egress,   etc ^"^'^ 

Public   Gardens,    License   Fee ^^\ 

Public  Health,  see  "Health  Department" •    '^'' 

Public  Parks,  see  "Parks" 
Public    Meetings    on    Streets 

Public  Parks   V.'.V. ^°^ 

Quarantine   '•••-•  383 

"Quarter"  Defined  Under"  License  "ordinance' !!!  ^  ■'.! ! ^^''  [t 

Race   Courses,   License  Fee ^ 

Railroad  (Street)—                  "^ 

—Alarm    Bells    

-Board  of  Works  to  Approve  'vVork! '.'. "  ' '  oS 

.,      —Buffers   ^^2 

-Crossing  Steam  Railroad  "Tra'ck. ...".'. JnJ  ^,?^ 

.      -Flagmen  •^°4,  306 

—Grade  of  Street  Changed.  .*.'....'. .'.'.'.'.'.'. " ' '  '^^'  ^°^ 

— Gripmen  and  Motormen  Not  to  Leave  PoVt !?t 

—Guards ^^ 

—Management  of  Cars  on  Streets    '       ^^ 

—Meeting,    Passing,    etc.,    of..  " ^^'^ 

—Officer  of  Liable    ...  "  "  ' ' ^^ 

,      —Rails ^-^^ 

;,    —Relaying   on   Change  of  Grade.  !^!! "  ■^* 

—Removing   Track   Under   Permit....!!!.! ^^ 

— Repaving  on  Abandonment  ^^^ 

—Speed   of "  ■ -2^' 

-Stopping  on    Crossing ' ^^^'    -^'"^  ^^' 

-Trolley    Wires,    Safety    of.....      '  * ' "^^ 

.       —Two   (2)    Men    Per  Car..  "^°^ 

R^iilroad    (Steam)— ^^^ 

..      —Boys    Getting    on    or    Off 

-Draw   Bridges,    Crossing   ...!' ^^^'    ^^^ 

,      —Fares  Between  Stations  in  City. .!.!!""  *V*  """"■  ■^°^'   ^°^ 
^    -  — Flagmen    . .  ■  •  • •  •  •  •  •  •  • 300 

^,; -Gates  at  Draw' Bridge.".'.".!; '.■;; " ^95- .301,   307 

—Meeting,  Passing,   etc  -••••••  ^  ■••.=..•.....,. .  305 

298 


448  INDEX  TO   ORDINANCES. 

Railroad  (Steam)  Continued —  Page 

— Permission  to  Certain  Company  to  Change  Tracks. 312 

— Semaphores 306 

— Sohciting   Trade   on    329 

— Speed    296,   297.    in 

— Whistles,   Blowing  of   301 

Rails,  see  "Railroads"  (Street) 

Rams,   License   Fee    125 

Receiving  and    Weighing   Supplies 34.} 

Reckless  Driving   163 

Records,   Municipal    (Located)    87 

Refilling   Street    (Excavations)    199 

Refiners,    License   Fee    I2i 

Refuse  Material — 

— Burning    of   in    Streets 151 

— Drainage  of  Into  Street,  etc 226 

— Throwing   on   Street    140 

— Transporting  Through   Street    245 

Registration    of    Plumbers    229,    250 

Remonstrance,   Against   Liquor  License 12.S 

Removal    of    Body 239 

Removal   of  Buildings 180 

Removing  Garbage — 

— Ashes  to  be  Separated  From 258 

— Forbidden  to  Persons   Generally 259 

— Hours   Within   Which    Forbidden 245 

— Swill  Wagons  and  Garbage  Wagons  to  be  Tight  and  Cov- 
ered    2tS 

— Sewerage,  Garbage,  etc.,  Not  to  be  Discharged  Into 24.? 

Rental  (Ground)  for  Telegraph  and  Telephone  Poles 189 

Repair  of   Docks   and    Piers 336 

Repairs    of    Sidewalks,    Enforced 147,    148 

Repairs   of   Streets,    Enforced 147,    148 

Report  of   Births    239 

— Of  Poundmaster   275 

— Of  Physicians  as  to  Contagious  Diseases 233 

—Of   Veterinary    Surgeon    246,    255 

—Of   Health  Officer   229 

— Of  Sanitary   Inspector    9S 

— Of  Milk  Dealer  on  Change  of  Place  of  Business 248 

— Of  Milk   Dealer  as  to   Contagious   Diseases    Among    Em- 
ployees      249 

—Of  Tax  Collector  if i 

— Of  Chief  of  Police  as  to  Liquor  Houses 129 


INDEX  TO  ORDINANCES.  449 

Page 

Requisition   for   Supplies,    etc 107 

Resolution  of  Intention  to  Declare*  What 177 

Revocation,  Liquor  License   128,  l^^) 

Roadbed,   Prepared   How   177 

Rock  Carts  Regulated   igi 

Rubbish,  see  "Garbage" — 

— Burning  on  Street 151 

— Discharging  Into  Sewer 243 

— Depositing  on  Streets  or  Public  Grounds 228,  140 

—Filling  With  in  Street  Work   Forbidden 170 

—Light  on  Rubbish   Pile  at  Night 141 

— Placing   on    Sidewalk    141 

— Street  to  be  Cleared  of  Before  Work  Done 177 

"Runners,"    Defined    1 16 

— Badges  to  be  Worn  by 115 


— License    Fee 


iiy 


Salaries  (see  Charter  for  Salaries  of  Officers  not  Enumerated  Here) 

— Assistant   Sanitary  Inspector   g6 

— Chinese   I  nterpreter   103 

—City   Physician    (Health   Officer) 94 

— City  Wharfinger   gg 

— Corporation   Yard  Keeper    103 

— Fire  Department — 

— Chief  (see  Charter) 

— Firemen    o^ 

— Fire  Warden    106 

— First  Assistant  Engineer  106 

—Health   Officer   (City   Physician) 94 

—Janitor,   City   Hall    105 

— Keepers   of   Parks 101 

— License   Inspector   ^ gq 

—Night  Watchman,   City   Hall j 104 

— Police  Department — 

— Captain   of  Police    208 

— Detectives   205 

— Policeman   207 

—Sergeant  of   Police    2o5 

— Poundmaster  (Fees)    273,   274 

— Sanitarj'  Inspector   g^ 

—Secretary  Board  of  Public  Works 99 

—Superintendent   of  Fire  and  Police  Telegraph 88 

— Wharfinger   ^ 

Safety  Wires  on   Electric   Roads 302 


450  INDEX  TO   ORDINANCES. 

Page 

Sale  of  Condemned  City  Property 102 

Sale  of  Animals   Impounded , 273 

— Redemption   of   by   Owner 273 

Sales  on  Streets,  see  "Peddlers" — 

— Forbidden    Within    Ceitain   Area 164 

Saloons — 

— Inspection  and  Report  on 129 

— License  Fee    - I3'J 

■  —Open    When 347 

—Regulating    . . 126-131 

Sand  Wagon   for  Hauling. 191 

Sanitary   District   (Piedmont)    35° 

Sanitary  Inspector — 

— Assistant    9^ 

■  —Bond  of  , 95 

— Powers  and  Duties 2^ 

'       — Salary    of    95 

Scarlatina 233,  235 

School    Bond   Ordinances,    Index 383 

Scotch  Thistle   35i 

Seat  of  Government    87 

Secretary,  Board  of  Public  Works 99 

Semaphores 30<) 

Sergeant  of   Police 206 

Sewerage  Into  Lake  Merritt  Forbidden 237 

— From  Outside  of  City 243 

Sewers,   Construction    of   Private.' '. 165,  195 

— Construction  of  Pipe  Sewer^-,  etc 183 

— Generally 243,  249 

— Lake  Merritt 237 

— Piedmont   Sanitary   District 350 

— Permits , 251,  165 

— Tapping  Public   Sewer ' 165 

— Specifications  for  Private  or  Side  Sewers. , 195 

— Specifications    Generally 249 

— When  Open,  Lights  to  be  Placed  at  Night 141 

Sex,   Dress  of 322 

Shavings    in    Streets 149 

Sheet  Iron  in  Fire   Limits 224 

Ships.  Dockage   264,  266 

Shooting   Galleries,    License   Fee 124 

Sidewalks — 

— .Advertising  on . .  s .325, .  34S 


INDEX  TO  ORDINANCES.  451 

Sidewalks — Continued.  Page 

— Banners,   Devices,   etc.,    Carried   pn 325 

— Bay  Window  Extending  Over 141 

— Bituminous.  Specifications    150,    157 

— Building  Material   on    140-141 

— Building   Extending    Into    139    141 

— Cellar  Doors,   Steps,   etc.,   on 141 

—Construction  of.   Regulated 15Q 

— Crosswalks,  Vehicles  on  146.   141,   145 

— Deposit  on  Issuing  of  Permit 159 

—Digging  Up    152,    154 

— Displaying  Goods  on   , 142 

— Grass  and  Weeds  on    192 

—Injury    to    151 

.  — Not  Ordered  by   Council,   Permit  for 159 

— Construction    of 159 

— Obstruction  of — 

— By  Crowd  142 

— By   Building    Material 166 

— By  Weeds  and  Grass 192 

— By  Extending  Building  Over 139 

— By  Refuse  or  Rubbish  on 140 

,  —Permits   to   Build    Over 159 

— Peddler  Carts  on   147 

—Repairs    to    147-148 

,      —Rubbish  on  140,  141,  228 

— Specifications   for   150,    156 

— Steps    Extending   Into    139 

— Vehicles    Standing   on    141 

— Weeds  and  Grass  on 192 

Sidewalks,  Width  of.  Table  Showing 365 

— Width  of  Cement  and  Bituminous  Walks 150,  156 

$ign    Painting,    License    Fee 121 

Skating    Rinks,    License    Fee n8 

Slaughter  Houses   Prohibited 316 

Sleeping   in    Barns,    etc 320 

Sleeping  Rooms,  "Cubic  Air  Ordinance" 226 

Smallpox,  etc.,  see  ''Contagious  Diseases" 

Smelting,  a  Nuisance 315 

Solicitors  or  Order  Agents.  Defined 116 

—Badge  to  be  Worn  by n- 

— License  Fee  for   123 

Soliciting  Agents  (Runners  for  Hotels,  Boats,  etc.)  Defined ir6 

—On  Trains,  Boats,  etc..  Without  Consent  of  Owner.. 329 


452  INDEX  TO  ORDINANCES. 

Solicitors — ^Continued.  page 

— License    Fee    ii^ 

Special  Police  Officers,  Park  Keepers  are lOi 

Specifications  (Special) 

— Asphaltum    i6o 

— Basalt   Work   172 

— Bituminous   Paving    176 

— Bituminous   Sidewalk    150 

— Bituminous  Crosswalks   90 

— Catchbasins    i88 

— Cement    171,    188 

— Culverts   172,   173 

—Curbing  170,   171 

—Flush  Tanks    i8« 

— Grading 169.  177,  161 

— ^^utters    171 

— Lampholes    187 

— Manholes    187 

— Macadamizing    174 

— Mortar    186 

— Paving 160 

— Pipe  184,  185 

— Sewers,    Generally 249 

— Sewers,    Private    or  Side 195 

— Sidewalks,   Generally    150,    150 

— Bituminous    153 

— Stradamant   Asphaltum   Crosswalks    16  > 

— Street  Work    169,    178 

Specifications  (General  Provisions  as  to) — 

— Bond  Guaranteeing  Work  for  Five  Years idi 

— Blockading  Street  With  Work  Materials,  etc 161.  177 

— Crown    of   Roadway    I'ji 

— Excavations   184 

— Lanterns   to   Prevent   Accident 17,* 

— Lumber   18S 

— Proposals   161 

— Proposal  Blanks   ijli 

—Refilling    r86 

— Refuse    i^i 

— Rejected  Material  to  be  Removed 188 

— Removal  of  Surplus   Material 161,   17S 

— Resolution  of  Intention,  What  to  Declare i6r,  177 

— Roadbed   i6r,    xjr 

— Samples   178.   162 


INDEX  TO  ORDINANCES.  45^ 

Specifications — Continued.  p^^ 

—Superintendent  of  Streets  May  Order  Work  Stopped 161 

— Work  to  Meet  Approval  of 161,  178,  iSH 

— Water   and  Gas    Pipes 188 

— "Y* '  Branches   185 

Speed,  see  "'Railroads" 

Spiritualistic   Medium,   License    Fee i  iq 

Spirituous  Liquors,  see  "Intoxicating  Liquors" 

Spring  Gun    3^. 

Stagnant   Water '. 2^7,  238,   ?6i 

Stakeholder,  see  "Pools" 
Stallions— 

— At   Large    ^  J7 

— License  Fee   j  ,- 

Stamp  or  Coupon  Sales 346 

Stands  for  Vehicles ,45^   i,,j 

Statement   of   License    Receipts n  j 

Stationery   for   Departments    107 

Steamboats,   Soliciting  Trade  on 329 

Steam    boilers    221 

Steam  Car,   License   Fee 124 

Steam  Railroads,  see  "Railroads"— 

— Index    of   Franchises    377 

— Minors   Getting  on  and  off t^23,   343 

Steers,  see  "Animals" 

Steps,   extending   Into    Sidewalk 135 

Stewards,  see  "Fire  Department" 
Stokers,  see  "Fire  Department" 

Stones,  on  Streets ^,,,^ 

Storage— 

—City  Property  (see  "Corporation  Yard") 

—Combustibles,   see   "Combustibles"    326.   338 

—Hay,  etc. .    32,^  326 

Stradamant  Pavement  and  Crosswalks   (Specifications) 160 

Straw  (Storage)    -21 

— On   Street    j..^ 

Strayed    Animals    ^ 27c    276 

Street   Cars,   License   Fee 121 

Street   Musicians,   License  Fee i2s 

Street  Names — 

—Posting    of j^ 

-Changing '134-137!  370 

btreet  Pavmg  (Specifications) 169-178 

— See  "Specifications" 


454  INDEX  TO  ORDINANCES. 

Page 

Street  Railways,  Index  of  Franchises 373 

— See  "Railroads"   (Street) 

Street  Specifications,  see  "Specifications" 

Streets,  Acceptance  of   178 

—Animals  on   144,  I49>  271,  317,  319 

—Ball  Playing  in 141 

— Banners,  Transparencies,  etc.,  in 325 

— Bicycles  in    201 

— Bow   Windows   Projecting   on 141 

— Building    Material    on    ....'...  140,    166 

— Burning  Rubbish  on   •% 15^ 

— Cattle    Driven   in,    Regulating 144,    149 

— Cattle  at  Large  in 271,   317,   319 

— Cellar   Doors    141 

— Changing   Names   of    I34-I37 

— Cleaning  Vehicles  on   I4'J 

— Crowds   Obstructing    14  ? 

— Dedications   Accepted 137 

—Digging  Up    15^.    154.    19S 

— Drains    228.   2  y 

— Encroachments  on   139 

— Establishing  Lines  of   167 

— Excavations  in   184,    199,   141 

— Fire  Apparatus,  Right  of  Way  on ... .    210 

— Flagmen  at  trossings  295.  301,  305,  307 

— "Flyers"    Thrown    Into 323 

— General  Plan  of.  Adopted 134 

— General   Specifications 169-17S 

— Goats  at  Large  in ' 144 

— Hackney   Carriages   in 144 

— Improvement  by  Private  Contract 168,  385 

— Job   Wagons 146 

— Kite  Flying  in 141 

— Lines    Established    138 

— Names  Changed I34-I37 

— Nuisance  on  . .  ~. 140 

— Obstructed   by   Crowd    142 

— Opening  and  Closing,  Ordinances.  Index  to 369 

— Passage  of  Trains   294  298 

— Paving,  etc 198 

— Peddler  Carts  on    147 

— Processions    Regulated 140 

— Public    Meetings  on    202 


INDEX  TO  ORDINANCE.-!.  455 

Streets— Contiuued. 

Page 

—Refilling   Excavations,   etc 140,    198 

— Removal   of  Buildings   in 180 

—Repairs 147^  148^  ig8 

— Rubbish  Thrown  on  228,  140 

—Burning  on,  Without  Permit '151 

—Clearing  Away  for  Street  Work 177 

—Filling  With,  Forbidden  ....,;  ////'  170 

— On   Sidewalk    j^j 

—Sales   in    Certain,    Forbidden 164 

— Sewer  Excavations,   etc 140    igg 

— Shade  Treves  on   j62    107 

—Speed  of  Steam  Railroad  Trains 296,  297'  31'! 

— Of  Street  Railway  Cars 295,  310,  311 

—Sweepings   .....'  140 

—Traffic  on   Certain  Streets   Forbidden 164 

—Twelfth  Street,  Lines  of.  Between  Fallon  and  First  Avenue.   167 

—Vehicle  Standing  on 140,    145;  147 

— Without  Horses,   on    j,,, 

—See  "Vehicles" 

Street  Cars,  License  Fee J24 

—Regulations  Generally,  see  "Railroads"  (Street) 

Street    Crossings,    Carriages    on j^e 

Street  Meetings    " '  *  ^02 

Street  Musicians,   License    Fee j2- 

Street  Work,   Generally   160,   169 

—By  Private  Contract   153'  og- 

— See  also  "Specifications" 

Superintendent — 

—Fire  Alarm  and  Police  Telegraph 88 

—Of  Streets,   Repairs   ...."147-148 

Supplies  for  City — 

— Contracts  for jq. 

—For  Departments  joo^  ^^y 

—Receiving  and   Weighing    ., ^43 

Surveys,    Record   of    ^ 

Suspension  of  Chief  of  Police "'  1,0 

Sweepings 

Swill   ..    ''' 

245 

Swimming  Within   City  Limits ,„ 

Swine ^^-^ 

rr.         ,  ^, 237,       272 

1  acks,  etc.,  Throwmg  on  Walks  and  Streets 19; 

Tags,  License  for  Dogs lol 


45^  INDEX  TO  ORDINANCES. 

Tax  Collector — 

— Duties  as  to  Licenses,  Tags,  etc iii 

— To   Collect  Liquor  Licenses 128 

— To   Designate   Badges    115 

— To    Number   Vehicles   and   Boats 115 

— To  Pay  License  Fees  to  City  Treasurer 113 

— Sworn  Statement  by 113 

— License  Inspector  to  Act  Under  Direction  of 89 

Tax  on   Dogs    IC) 

Telegraph    Companies.    License    Fee 122 

Telegraph   (Fire  and   Police  Alarm) 88,  213 

Telegraph  and  Telephone  Poles — 

— Names   on    192 

— Rental  on 189 

Telegraph  Wires,  Cutting  on  Removal  of  Building 181 

Theatres,    Ingress   and    Egress 341 

— License   Fee    1 18 

—Hats  off  in   353 

Thistles    351 

Tillerman.  see  "'Fire  Department'" 

Time  of  Closing  Saloons 128 

Tolls,  see  "Dockage" 
Tracks,  see  "Railroads" 

Traffic  in  Streets   164 

Trains,  Jumping  on  and  off  by  Minors 323.  343 

— Soliciting  on   Without  Consent ,329 

Transparencies,   Advertising  by    325 

Trapping    Birds,    Forbidden    314 

Trees,  Cutting  Down,  Forbidden 314 

— When   Nuisances    162 

— Regulating  on  Streets    197 

— Removal  for  Street  Work 170 

Tricycles,   see   "Bicycles"    201 

Trucks  and   Drays,   License   Fee 120-121 

Twelfth  Street,  Lines  of  From  Fallon  to  First  Avenue 167 

Typhoid,  see  "Contagious  Diseases" 

Unwholesome    Meats    and   Produce 234,  255 

Unwholesome  Milk   247,  255 

Vacating  Building  Unfit  for  Human  Habitation 244 

Vaccination    228 

Vagrancy,   see  "Lodging  in   Barns" 320 

Vehicles — ■ 

— Badges    for    Drivers    US 

— Boulevard,    Driving  on    I93 


INDEX  TO  ORDINANCES.  457 

Vehicles— Continued.  Page 

— Cleaning  on   Street 140 

— Carting   Sand    IQI 

— Drivers  to  Give  Numbers  on  Request 115 

^^License  Fee   120 

— Lamps   on 131 

— Numbers  on   115,   13^-^3^ 

— Obstructing   Fire   Apparatus    210-211 

— Obstructing   Sidewalks 141 

— Obstructing  Funeral  or  Other   Procession 140 

—Peddler's    Carts  .on    Walk 147 

—Stands  for   I45,  H7 

—Standing  on  Street    140,    I45,  H7 

Verification   of  Demands    319 

Vessels,   Wharfage,   Dockage,  etc 264,  266 

Veterinary   Surgeons 247,  248,   255,  272 

Vulgar    Language    33*^ 

Wagers —  337 
Wagons,   see   '"Vehicles" — 

Warehouses.    License   Fee    120 

Water  Companies,  License  Fee 121 

Water  Front  Ordinances,  List  of  380 

Water  Pipes    I99.  200 

Weapons    333,  334 

Weeds,  on  Walks    192 

Weighing    Supplies    343 

Wharfinger,   Duties,  etc 264 

— Salary  of  88 

Wharves— 

— Dockage,   Fees,  etc 266 

— Keeping    in    Repair    ." 33^ 

— License   Fee    I3.> 

— Wharfinger    264 

Whistles,   Railroad    301 

— Policeman's  Whistle  31^^ 

Windows,  Encroaching  on  Street I39 

Wines,  see  "Intoxiciiting  Liquors" 

Wood  on  Streets  14J 

Wooden    Awnings 162,    182,  183 

Wooden  Buildings,  in  Fire  Limits 222 

— See  also  "Fire  Limits" 


LIST  OF  OFFICERS 


—  OF  THE  ■ 


City  of  Oakland 

From  April  4,   1897 


Mayor W.  R.  Thomas 

Council — 

James  Henneberry -. First  Ward 

F.  R.  Girard Second  Ward 

M.  W.  Upton Third  Ward 

C.  H.  Brosnahan Fourth  Ward 

E.  W.  Woodward Fifth  Ward 

Wm.  Watkinson Sixth  Ward 

H.  D.   Rowe Seventh  Ward 

B.  C.    Cuvellier ] 

Geo.  J.  Earl 


W.  D.  Heitman. 


}■  At  Large 

W.  B.  Pringle J 

City  Clerk J.  W.  Tompkins 

Auditor  and  ex-Officio  Assessor Roland  W.  Snow 

Treasurer  and  ex-OfTicio  Tax  Collector Z.  T.  Gilpin 

Deputies  D.  E.  Bortree.  C.  F.  Cole 

City  Attorney W.  A.  Dow 

Assistant  City  Attorney Seymour  W.  Condon 

Deputy  City  Clerk E.  F.  Holland 


46o  LIST  OF  OFFICERS. 

City  Engineer . . : P..  M.   Clement 

Deputy  City  Engineer L.  M.  Hall 

Board  of  Public  Works  and  Police  and  Fire  Commissioners — 

W.  R.  Thomas 
W.  A.  Dow 
R.  M.  Clement 
Secretary  of  Board,  H.  W.  Thomas 
Board  of  Education — 

J.  Hamilton  Todd,  President. 

J.  W.  Evans 1 

Myra  W.  Knox [  At  Large 

H.  A.   Powell I  ^ 

John  Russ J 

C.  H.    Redington First  Ward 

E.  B.  Clement Second  Ward 

J.  Hamilton  Todd Third  Ward 

Giles  H.  Gray Fourth  Ward 

David  Rutherford Fifth  Ward 

C.   L.   Ingler Sixth  Ward 

Wilbur  J.  Wilcox Seventh  Ward 

City  Superintendent  of  Schools  and  Secretary  of  the  Board 

J.  W.    McClymonds 

Assistant  Superintendent  and  Secretary R.  B.  S.  York 

Board  of  Health— 

H.  N.  Rucker,  M.  D.,  President 
Geo.  L.  Eaton,  M.  D. 
O.  D.  Hamlin,  M.  D. 
John  T.  Kitchings,  M.  D. 
H.  A.  L.  Ryfkogel,  M.  D. 
J.  P.  Dunn,  M.  D.,  Health  Officer 
H.  K.  Snow,  Secretary. 

Sanitary  Inspector Samuel  Smith 

Assistant  Sanitary  Inspectors E.  G.  Perkins,  S.  F.  Gemmell 

Meat,  Market  and  Milk  Inspector  and  Veterinary  Surgeon 

F.  E.  Pierce,  D.  V.  S. 

Trustees  of  Free  Library — 

F.  S.  Page,  President, 
Wm.  D.  Armes,  Secretary, 
Lowell  J.  Hardy,  Jr., 
John  G.  Hoyt, 
B.  A.  Rabe. 

Librarian Henry  F.  Peterson 

Soperintendent  of  Streets M.  K.  Miller 

Deputy Chas.  F.  Ott 

Chief  Clerk Richard  B.  Ayer 


LIST  OF  6FFICERS.  461 

Superintendent  Fire  Alarm  and  Police  Telegraph.. .  George  H   Carleton 

License  Inspector Henrj  Maloon 

City  Wharfinger P.L.White 

Police  Department — 

W.  F.  Fletcher,  Chief  of  Police. 
Captains  of  Police — 

A.  Wilson, 
F.  B.  Carson, 
Samuel  H.  Mitchell. 
Police  Court — 

J- J-   Allen 

^-  A-  ^^^^^'° Prosecuting  Attorney 

Wm.  Hennessy ■ ^^^^^ 

Fire  Department — 

Chief  Engineer,  N.  A.  Ball. 

Assistant  Engineer,  Elburton  Lawton. 


